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Man spared jail time for threatening High Court witness

Kelvin Solomon at the Magistrate's Court on May 14, 2014. Photo: VINO
ROAD TOWN, Tortola, VI – Kelvin Solomon, 27, was spared jail time or a fine when he was placed on a bond to keep the peace by Magistrate Dr Velon L. John after pleading guilty to threatening a witness following a guilty verdict delivered at the High Court two years ago.

Solomon, who pleaded guilty to charges of abusive and threatening language and another of disorderly conduct when he appeared before the court today, May 14, 2014, was placed on a bond for a period of eighteen months to keep the peace or face an alternative of six months in prison.

Attorney Patrick Thompson, who represented the defendant, told the court that Solomon regretted making the statement and was apologetic. He added that Solomon, who has no prior convictions, had misdirected his wrath at the Virtual Complainant (VC), Augustus Pond when he lost self-control on the day in question.

He had also undertaken anger management classes on his own to address his issue as he had recognised that he has a problem. The VC appeared in court and requested that all he needed was for the defendant to leave him alone as they are not friends.

Magistrate John told the father of two that the issue was one of intelligence in the service of stupidity considering the location of the offence, the High Court premises and the fact that it was said to a witness in a trial. He also said that he did not feel the $250 fine for each offence amounted to a deterrent of the crimes.

According to the facts of the matter read by the prosecution, on December 12, 2012 a trial involving Danny Benjamin had just completed at the High Court with a guilty verdict and the VC was one of the witnesses in the matter.

After the verdict had been delivered, jurors left the courtroom and some of them remained in the courtyard. Jurors sitting in the courtyard allegedly observed when the defendant entered and attempted to ask what had transpired in court as he was late. No discussion to this effect took place and the defendant allegedly got angry as a result and proceeded to the back stairs leading to the Supreme Court.

At the top of the stairs were the bailiff and two other court staff members as well as the VC in the High Court Trial, who was at the time in conversation with the bailiff. They heard a loud voice and saw the defendant at the bottom of the stairs.

He allegedly began shouting and cursing in both Spanish and English. He then allegedly made his way up almost to the top of the stairs heading in the direction of the VC and the bailiff and stood between the two men.

The defendant then allegedly said to the VC, “You little mother [expletive], you little punk… didn’t I tell you do not go to court and do not go to the case, to drop it? Now you have my brother-in-law going to jail. Watch your back.”

The defendant then allegedly advanced to the bailiff and VC and two court officers before the VC ran inside the court. The bailiff then demanded that the defendant leave.

The VC made a report inside the court and indicated in relation to the statement made to him, the defendant had previously told him to drop the case. A detective reportedly met with the defendant on January 8, 2013 following which an interview was conducted where the accused reportedly denied the allegations and was later charged.

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