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

Was Sistah Joyce’s sentence an example of an unfair court system?

- Mixed reactions in the public
Sistah Joyce (left) never forgets that she was allegedly treated unfairly by the court system and has hopes of bringing this clearly out in her music in the not so distant future. The case which has recently sparked debate of an unfair court system involved Mr Simeon Pope, who was on March 15, 2013 found guilty on seven counts of obtaining property by deception by a jury of 9 in the High Court. The defendant was accused of defrauding three men who alleged that they had paid him sums of monies for the purchase of used government vehicles. Pope was fined $3000 which is to be paid within 2 months. He was given a suspended sentence of 3 years for each of the seven offences committed. Photo: VINO/File
The High Court of the Virgin Islands. According to a Senior Crown Counsel, some people may feel that sometimes unfair sentencing takes place but in most cases the facts of the case, the accused or defendant's reaction, and demeanour in court, do influence their penalty. Photo: VINO
The High Court of the Virgin Islands. According to a Senior Crown Counsel, some people may feel that sometimes unfair sentencing takes place but in most cases the facts of the case, the accused or defendant's reaction, and demeanour in court, do influence their penalty. Photo: VINO
ROAD TOWN, Tortola, VI- Joycelyn Searles aka Sistah Joyce recently had much to smile and celebrate about after retaining the Calypso Monarchy in Virgin Gorda. But despite all the achievement and celebration, Sistah Joyce never forgets that she was allegedly treated unfairly by the court system and has hopes of bringing this clearly out in her music in the not so distant future.

But of late it has not only been Sistah Joyce who has been commenting about a perceived unfair system. This debate in fact seems to have been sparked by a recent case whereby a man pleaded guilty to defrauding at least three persons but seemed to have obtained the leniency of the court as he was spared jail time and only made to pay a small fine.

In the case of Sistah Joyce, she was given a two-year sentence suspended for three years and $40,000 fine by the then Senior Magistrate Valerie Stephens on September 11, 2012 for possession of 452 grams of cannabis for the purpose of distribution.

The popular calypsonian had labelled the hefty fine as an injustice which had put a heavy burden on her and family. “$40, 000 with two months to pay it and two years suspension with three years probation and then she [Stephens] turn around and give a young man who get caught with more marijuana than me about two months after and he was fined $30, 000 with 6 months to pay it.”

“She making me feel like she feminist or she hate me or something and she don’t even know me, it was my first offence and while I am not condoning what I did because Marijuana is illegal, so the system say, I was still looking for fairness. Even though I took full responsibility, I felt like there was no fairness...She putting me in a real struggle to find $40, 000. There is now way in the system that they could justify that large fine. If someone could come forward and tell me what happen I would understand but right now I am still puzzled,” Sistah Joyce had told Virgin Islands News Online in December 2012.

The case which has sparked debate of an unfair court system involved Mr Simeon Pope, who was on March 15, 2013 found guilty on seven counts of obtaining property by deception by a jury of 9 in the High Court. Shortly before the jury returned the verdict, however, Pope changed his plea to guilty, which was subsequently accepted by Justice Albert Redhead.

The defendant was accused of defrauding three men who alleged that they had paid him sums of monies for the purchase of used government vehicles.

Pope was fined $3000 which is to be paid within 2 months. He was given a suspended sentence of 3 years for each of the seven offences committed. The sentences are to run concurrently and will be put into effect if Mr Pope is to appear before the court for any offence within one year. 

The defendant also fully repaid $3,900 to the three men who had filed the charges against him.

Sistah Joyce told Virgin Islands News Online that she has taken note of the recent case with Mr Pope and even intends to do a song about it. She, however, said she didn't wish to say more about her thoughts on what she has perceived as an unfair court system but would be more than willing to do so on another occasion.

Mr Pope, however, doesn’t seem to think one bit that the court system may be flawed and noted without any ambiguity that he was in total agreement with Justice Redhead’s decision.

"I believe in the judge," and "I think it was a fair decision," were the words of Mr Pope when contacted by Virgin Islands News Online.

This news site also sought to get the opinion of the ‘man on the street’ about his thoughts on the court system and whether sentences seem to be handed down in a fair manner.

“I think most of the time the decisions seem to be fair but there are a few debatable ones that I know of personally,” said a Mr Frett, who didn’t wish to state his first name nor did he wish to give examples of the cases he thought the sentences handed down were “debatable”.

“This is a mood thing you know, I could tell you that. I see it for myself. If you want to know if the judge or magistrate going to be nice or not just look at their faces when they step in the court room. If them look vex then you could know that is not going to be good. I see this for myself more than one time,” another man commented.

A man, who identified himself as Gregory, said he felt expats often get harsh sentences as compared to locals. He noted that he was an expat and had friends that are currently serving time at Her Majesty’s Prison in Balsum Ghut.

Gregory’s comments sparked another debate as one of his friends soon rebutted that it was quite the other way around. “Expats does get it easy, look at Sistah Joyce she from here and where Mr Pope from?” he asked.

Meanwhile, Virgin Islands News Online also solicited a comment from a senior Crown Counsel on the issue of a perceived unfair court system. "The man not practising law may or may not understand aspects of sentencing. Some people get emotional and say all sorts of things. But in handing down a sentence there are windows in which the court can operate each window has a maximum and a minimum and that's a privilege of the judge or magistrate based on their view, within the ambit of the law that is, to institute a sentencing.”

According to the Crown Counsel, some people may feel that sometimes unfair sentencing takes place but in most cases the facts of the case, the accused or defendant's reaction, and demeanour in court, do influence their penalty. 

“So while some people may say a judge or magistrate wake up on the wrong side of the bed, they just have to ensure they put themselves in order when they turn up to be sentenced or even during the preliminary hearings and don't set themselves up for the worse of worse case,” the Crown Counsel stated.

In any case, fair or not fair, persons would surely be eager to hear what calypso queen Sistah Joyce will have to say about the court system in her song currently in the making.

32 Responses to “Was Sistah Joyce’s sentence an example of an unfair court system?”

  • Pope Francis (08/04/2013, 08:20) Like (26) Dislike (0) Reply
    Hell yes tis unfair pope should ah been in jail!!!!
  • egg face (08/04/2013, 08:34) Like (4) Dislike (1) Reply
    Vulgar display of power by the court on the two cases
  • mother hen (08/04/2013, 08:37) Like (10) Dislike (2) Reply
    There are worst situations than this in the country that is not address, this unfair legal system is like a normal and daily process taking place in the BVI Presently
  • Henry Finklestein III (08/04/2013, 09:13) Like (7) Dislike (12) Reply
    The problem that I have with Sista Joyce is she clearly has no respect for the law "because Marijuana is illegal, so the system say," she is a person of influence and she quite clearly wants to be boastful about her crime as she doesn't really believe it was wrong. If the police raided her today would they find her with drugs? Drugs lead to further crime and death so it is a very serious offence even if it was "herb".

    Pope should have received a stiffer sentence, no doubt about that, he plead guilty only when he knew his pants were round his ankles and he couldn't get them pulled up anymore.

    Sadly the court system here and abroad is full of inconsistencies as our the laws that guide the judges.
    • chad (10/04/2013, 11:34) Like (2) Dislike (0) Reply
      ok i agree marijuana is illegal but joyce isn't the the only person who does it so cut her some slack because most of the big ones them who in Gv't is promoting worst drugs like the crack and cocaine they encourage alot of ppl on the street and the police is crooks so the whole system is poison so dont throw no stones hater.
  • redstorm@hotmail.com (08/04/2013, 09:19) Like (3) Dislike (0) Reply
    It is my assumption that court and government are about money, not so much more about you the people. Sis joyce can speak out against the injust, but it must establish the weight of injustice. There is no control of price in the BVI, so government and people do as they please. Rent increase each year and many places which people lived in did not recieved any renovation for 15 and 220 years but that same place carries the rent of 700,900,1200. Toilet not flush, shower not working properly but the landlords come each month for rent. Likewise the judical system is so crookish and heartless is like is see your money, your family money, before they see you as a person. Lets reason this one here. How many person you know get caught with Marijuana, check the fine they get, compare it to the money they work for and then substract that from what you think they might have in the bank, yes your answer might be a little 400 or five hundred dollars. Does sis Joyce work for 40K per year, no, but the government expect her to pay that money so they couffer can be full. Where do they expect her to get that money, most naturally some might think , well do another crime it is an easy thought, but it does not pay , well for the government it does, not for the people. It is indeed injustice to ask someone to pay a fine that have no balance on the people pocket. They need to review they price, or is it the court is the one who make up the price as they go along, depending on who you are you have to pay more,or who your family are you must may more. They court need a list of all the crime and the price, just like the ones they have for traffic.
  • ta ta (08/04/2013, 09:24) Like (0) Dislike (0) Reply
    Is "Getting Axed" enough Pope was also fired from the PWD?
  • sayso (08/04/2013, 09:47) Like (18) Dislike (1) Reply
    If people keep out of trouble and out of the court house they would not be treated unfairly.
    • @@@@@ (08/04/2013, 10:51) Like (0) Dislike (0) Reply
      and he end up being the 'old fool' still calling into talk show struppssss
      • restprm@hotmail.com (08/04/2013, 18:02) Like (0) Dislike (0) Reply
        Can you image a country without crime? well I cannot, so I believe because of sin this community of ours function, both on the good and the bad. Good for people who are honest and the govrnment legally rob them blind for example can you image the percentage that is charge on water well it about to get worst,let Biwater have their way. Water that this country have as legally utility for human consumption. Bad on the side that the same court system would lock up sis Joyce if she was charge with intoxication, because it is the court that give the licence to many bars to operate the selling of liquor. Just want to reason a bit with you.
  • Confucius (08/04/2013, 10:07) Like (14) Dislike (0) Reply
    If you don't know it by now Sistah Joyce, you have not been keeping up. It is WHO you know that determines the outcome of almost ANY trial here in our little slice of heaven. Mr. Pope has a wealthy and well connected "friend".

    In my opinion, you were not treated unfairly. You got what you deserved. Again, in my opinion, Mr. Pope unfairly benefitted from his "connection's connection" to the powers that be.

    If you are keeping track (and I am) you will see that those who have the benefit of "political favour", rarely (if ever) pay the true price of their transgressions. Sadly for you, you are not "connected".
  • in the news (08/04/2013, 10:23) Like (0) Dislike (0) Reply
    That's very weak on your part of the court as Pope has someone to make a call! But let the lady Enjoy her retirement eh! We'll try to pick up the pieces! Peace!
  • Viper 1 (08/04/2013, 10:25) Like (0) Dislike (0) Reply
    This can be debated forever, but the system is an adversary one and sometimes the scales of justice fall out of balance. I follow the courts. I see where a white woman was convicted for manufacturing her own social security cards for her own use and was only fined by the court. The Governor office has refused to deport this woman and some people (even some in the so-called "white community") thinks she needs to be removed from the VI, but then again its an adversary system. Not khOOl
  • persia (08/04/2013, 10:45) Like (2) Dislike (4) Reply
    sister Joyce is right
  • rico (08/04/2013, 11:06) Like (2) Dislike (0) Reply
    Politics is about power and this is what is playing off here
  • tola (08/04/2013, 11:22) Like (0) Dislike (0) Reply
    Da man ah nap he can't be touch ok
    • break time (08/04/2013, 15:35) Like (0) Dislike (0) Reply
      well sister joyce next time get uncle to call the judge to give you ah lil break
  • turbulance (08/04/2013, 15:26) Like (3) Dislike (0) Reply
    Wa goes around come around they gone get there's
    • HELP HELP HELP (08/04/2013, 17:21) Like (0) Dislike (1) Reply
      Something going on here which reminds one of the old gangster movies
  • not unfair (08/04/2013, 19:15) Like (2) Dislike (0) Reply
    Oh Joyce just stopped it u got a slap on the wrist. 5lb of weed the street value of 1lb of weed is $2, 000. the value of 5lb of weed is $10, 000. The maximum fine for weed possession is $100, 000 or 3yrs in prison or both. Which one u had prefer a $100, 000. or 3yrs or both or $40, 000. or if u were sentenced to 2yrs in prison. I think u got a light sentence. I would gladly pay the $40, 000.00 and keep quiet. It could have being worst u got the better of the deal. Drug trafficking a serious offence. In Indonesia a british woman is now facing the death penalty for attempting to 5Kg of cocaine out of the country and just lost her final appeal in the high court. Think about joyce if u did it Indonesia. Be glad and happy about your situation.
  • Just Curious (08/04/2013, 19:45) Like (1) Dislike (1) Reply
    Sister Joyce need to stop chat crap. She break the law and now begging leniency. Why break the law then turn around looking sympathy? Puss and dog don't have the same luck. U could have been sent to Balsum Ghut for five years instead of the fine, so just relax and pay the govt them money. You were the example the court use to send its message to other would be ganja head.
  • Willy (08/04/2013, 21:47) Like (1) Dislike (1) Reply
    sister joyce i think born in st.kitts her father is from grenada and her mother is from st.kitts.he he he
  • hard times (08/04/2013, 23:26) Like (0) Dislike (0) Reply
    Sister can always appeal, and risk the higher sentence.
  • long look me come from (09/04/2013, 15:28) Like (0) Dislike (0) Reply
    two bvi one for locals and one for expats!!!
  • LEGAL TEAM and the LAW (10/04/2013, 21:22) Like (0) Dislike (0) Reply
    Let us see if the Magistrate was unfair to sister joice,on a point of law:Section 7 of the Drugs [Prevention of misuse] act,chapter 178-Restriction of possession of controlled drugs,states "(2) Subject to section 31,a person commits an offence if,[with intent to supply a controlled drug to another,he has that drug in his possession xxx". "(3)Subject to subsection (1) a person found in possession of 50 [or more] grams of cannabis shall be deemed to be in possession of such drug for the purpose of supplying it to another in contravention of section 6(2) or for DRUG TRAFFICKING in contravention of section 6(1)".The sentence:Section 16(1) states"A person who commits a drug trafficking offence or the offence of being in possession of a controlled drug for the purpose of drug trafficking is liable-- (a) On summary[Magistrate's Court] Conviction to a Fine of-ONE HUNDRED THOUSAND DOLLARS [100,000.00] or 3 times the street value of the drugs OR to IMPRISONMENT for a term not exceeding TEN YEARS or not less than THREE years".In the USA,they usaully say"3 to 10".Sister Joyce,you were spared a MINIMUM 3 year sentence in Her Majesty's Prison; and now you are saying that Magistrate Stephens was unfair to you? Did you read the law?I believe in fairness so according to BVI Laws,the magistrate was very lenient in her sentence!She did not send you to prison:You had the Right to appeal the sentence.The appeal judges would have reversed the fine and impose a jail-sentence:Magistrates are guided by law! You could have been fined 100,000.00 dollars forthwith:Call Magistrate Stephens and tell her thank you! I respect BVI laws,because I like my freedom-out of prison and I have no money to pay court fine! You broke the law sister:So the law broke you.May the good lord continue to protect sister joice.


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.