UPDATE: Stapleton bros. fined for cussing Police
Terrence Stapleton Jr, 25, was found guilty of the offences of using indecent language and disorderly conduct while his brother Tevorn Stapleton, 20, was also found guilty of using indecent language.
Both men were fined $500 for the offence of using indecent language and given 48 hours to pay the fine or face an alternative of 21 days in prison in default of payment. Terrence Stapleton Jr was cautioned, reprimanded and discharged on the offence of disorderly conduct which was committed at the Road Town Police Station.
In handing down his ruling, Magistrate John noted that the usage of such words in society were offensive to the standards of decency, propriety and morality in society.
He further stated that police officers will not be disrespected with impunity and debased with impunity in this society and expressed that offenders should be made aware that there will always be a price to be paid for such behaviour.
See previous story posted April 23, 2014:
'F**k is not yet a breakfast term!' - Prosecutor
ROAD TOWN, Tortola, VI – Prosecutor Herbert Potter argued passionately yesterday, April 22, 2014 that the word “F**k is not yet a breakfast term!” adding that the offence of indecent language remained on the law books for a reason.
The Crown Counsel was at the time countering an argument made by defence attorney Marie Lou Creque that there were certain levels of propriety allowed in society where language is concerned, suggesting that changing times have allowed for an evolution of the use of the popular profanity.
Creque argued that the word had lost its potency when it was allegedly used by two accused men, Terrence Stapelton Jr and Tevorn Stapleton. The two are both charged with the use of indecent language while Terrence Stapleton Jr is also charged with disorderly conduct.
Officer Troy St Helen testified that he responded to a complaint of affray in the Lower Estate area in the vicinity of the basketball court opposite the Elmore Stoutt High School when he encountered a group of persons in a commotion.
St Helen said he observed Terrence Stapleton Jr surrounded by several persons being held back by a lady in a white dress and he went over to enquire what was happening.
Stapleton Jr was allegedly behaving rowdy and allegedly used indecent language when approached and was informed it was an offence to use indecent language in the presence of a police officer. St Helen said the defendant was cautioned and informed of the offence but continued and was asked to step away.
He allegedly responded: “What the [expletive] is this [expletive]?”
He was told that he would be arrested for the offence and was taken to a marked police vehicle to be transported to the Road Town Police Station (RTPS).
Meanwhile, his brother Tevorn Stapleton was then heard making use of indecent language on the opposite side of the road. He was also cautioned and informed of the offence but crossed his hands in the sign of an X and allegedly repeated: “[Expletive] you! [Expletive] you! [Expletive] you!”
When he was approached he allegedly ran in the direction of Joe’s Hill.
On arrival at the station, Terrence Stapleton was placed in a cell where he allegedly started banging on the partition and walls of the cell, creating a disturbance in the process. He was asked to desist but continued with the disorderly conduct, attracting the attention of other Police officers at other parts of the station.
Tevorn Stapleton then arrived at the RTPS shortly after in the company of other relatives and was allegedly behaving in a rowdy manner. St Helen testified that he told the defendant that he was “disrespectful to be doing what he was doing outside and still come to the station and behave in this way”. Stapleton then allegedly repeated his earlier action in the presence of several other officers while uttering the same indecent language.
He was approached but ran away in the direction of Althea Scatliffe Primary School as officers gave chase. He was apprehended at the school and arrested. According to St Helen, the parent of the two accused who was also present in court allegedly said the boys were angry and asked if they could be given a break.
Attorney Marie Lou Creque grilled Officer St Helen in cross examination and said nothing had been mentioned in his statement of the first mention of expletives by Tevorn Stapleton or of his actions that saw him bolting to Joe’s Hill. Creque also argued that Terrence Stapleton was attacked which may have prompted his earlier behaviour.
She suggested the officer was fabricating evidence and embellishing but he denied this.
Creque asked that the case be dismissed against the men since the Crown had not discharged its duty in proving the offences beyond a reasonable doubt.
A decision in the matter is expected on May 8, 2014 by Magistrate Dr Velon L. John.
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36 Responses to “UPDATE: Stapleton bros. fined for cussing Police”
These young men need to pay the fines and then behave themselves at this point but going forward we should not allow people to be prosecuted based on personal beliefs, and opinions on what societal norms are, and should be. You job is to follow the law and prosecute based on that, nothing else.
If there is such a law in the BVI, please do comment and let me know. Willing to accept that I'm wrong if you can quote an official law.