UPDATE: ‘Cussing’ matter stalled with lack of translation
Senior Crown Counsel Valston Graham revealed that the defendant, Elizabeth Turnbull, has not been given the Spanish translation of her documents as yet in order for the Crown to proceed with the case.
The defendant, 23, of Baughers Bay, was born in Santo Domingo but is now a Belonger in the Territory but reportedly does not speak English well. She is accused of indecent language and throwing missiles. The unrepresented accused pleaded not guilty to both charges when she appeared before the court on February 4, 2013.
Graham told the court if at the next occasion the translation was not made available as yet, the Crown would not offer evidence in the matter since the justice system could not be held at ransom.
He indicated that both the Director of Public Prosecutions (DPP) and the Commissioner of the Royal Virgin Islands Police (RVIPF) have stated that they would not be paying for the translation of the defendant’s documents.
The defendant told the Magistrate that she does not speak English.
The matter is set for hearing again on June 7, 2013.
See previous story posted February 5, 2013:
Woman admits to 'cussing' out Police Officer
- denies assault & throwing missiles
ROAD TOWN, Tortola, VI – Elizabeth Turnbull, 23, of Baugher’s Bay admitted before the Magistrate’s court yesterday, February 4, 2013 to charges of indecent language but denied that she had committed any assault or threw any missiles on November 11, 2012 in Sea Cows Bay.
Turnbull, who was born in Santo Domingo but is now a Belonger, was initially charged with assault on Police, indecent language, criminal damage and throwing missiles.
Senior Crown Counsel Valston Graham told the court that the criminal damage charge would no longer be pursued due to lack of support from the Virtual Complainant (VC). She pleaded not guilty to the other two charges of assault on Police and throwing missiles.
The woman allegedly told an officer, “I ain’t fraid of no [expletive] Police; I aint’ going no way with no [expletive] Police.” Notably, the young lady required an interpreter at her arraignment since she related that she could not speak the English language fluently.
The defendant was unrepresented at the time of her appearance and was placed on $35,000 bail with one signed surety and asked to return to court on March 1, 2013.
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44 Responses to “UPDATE: ‘Cussing’ matter stalled with lack of translation”
You are always commenting on these blogs and writing such bad English. Are you illiterate?
Again, the word is THESE.....
I know her, she does not speak English, so when you people don't know something why don't you just ZIP?
Half of them here with belonger status from stealing name from the head stone of the dead and coming back with papers saying they were they grandfather or grandmother.......Immigration caught some of them a$$ in the act
They may be able to speak the language but the question is can they write the language. As the report stated they are waiting for a written translation of documents. Alot of people can speak a language but they can not write it.
i'm not agreeing with what she did matter of fact i find to be quite vulgar in her way of dress, speech and etc.. but u stupid ppl need to stop with this send her home BS, the girl is a belonger whom doesnt speak english very fluently (when its convenient yes) but tht doesn't mean tht she doesnt desserve it.. we all kno anytime mingo passport was good ayo wouldah been over there bck ah it, when tortolians went to DR and breed off the ppl gyul child nobody aint send um go way.. stop being ignorant for convenience, as per miss tur* B..ull she need to get lock up and thought some respect, and she also needs to learn that young ladies should be seen not heard..
""For the purposes of this Constitution a person BELONGS to the V.I if that person-
(a) is born in the V.I AND [at the time of the BIRTH] his or her father or mother is or was-
(i) a BOTC(or a BDTC) by virtue of BIRTH,REGISTRATION or NATURALIZATION in the V.I or by virtue of DESCENT from a father or mother who was born in the V.I.
(b) Is born in the V.I of a father or mother who BELONGS to the V.I by birth OR DESCENT or who,if DECEASED,would, if ALIVE,so belong to the V.I.
(d) Is born OUTSIDE the V.I of a father or mother who is a BOTC by virtue of BIRTH in the V.I or DESCENT from a father or mother who was born in the V.I or who BELONGS to the V.I by virtue of birth in the V.I or DESCENT from a father or mother who was born in the V.I.
According to the V.I Constitution,provision is made for a person to be recognised as belonging to the Virgin Islands by VIRTUE of a THIRD generation [The Great grand child of a Born-BV-Islander/Belonger] is also a belonger! It does not matter where that Great-Grand-Child was born; in the V.I or outside the V.I. The Constitution is the SUPREME law of the land: The V.I belongs to Her Majesty-The Queen, BUT there are Classes of persons Who are DEEMED to BELONG to the V.I. and such classes of persons have ALL the rights in Her Majesty's V.I. Countries and Territories do NOT belong to citizens! Citizens BELONG to Countries and Territories: Elizabeth Turnbull who was born in Santo Domingo may well be a great-grand-child of a Belonger/Bv-Islander: Therefore,the V.I Constitution,DEEMED her to be a BELONGER!!
Section 16 (1) of the Virgin Islands Constitution States "" If any PERSON is charged with a Criminal Offence,then,unless the charge is withdrawn,the case SHALL be afforded a FAIR hearing within a reasonable time by an independent and impartial court established by law"":
Section 16 (F) States [The accused shall] ""Be permitted to have [without payment] the assistance of an INTERPRETER if he or she cannot understand or speak the LANGUAGE used at the TRIAL of the CHARGE"".
I have the GREATEST respect for Senior Crown-Counsel Graham; BUT the V.I Constitution directs that any INTERPRETATION MUST be paid for by someone OTHER than the ACCUSED. So the CROWN MUST PAY for any kind of INTERPRETATION! The Constitution is a DECLARATION by Her Majesty-The QUEEN,to ALL persons of the BVI[Citizens] and All residents [Expatriates].Her Majesty's Instruction in Her V.I Constitution-Declaration, MUST be obeyed!