Persons who continue to seek deals from others on the streets without requesting any information about the origin of the merchandise they are purchasing have been put on notice.

It came on Tuesday as Chief Magistrate Ian Weekes dealt with a handling stolen property charge against Cuthbert Robert Harewood, 1st Avenue Chapman Lane, St Michael.

The 52-year-old pleaded guilty before the No. 1 District ‘A’ Magistrates’ Court to knowing or believing that a fluorescent jacket, two electrical outlets, and a hammer belonging to Berkan Construction Services Inc. had been stolen, dishonestly received the property, and assisted in their retention for the benefit of himself or another.

“I have to send a message to all persons who continue to seek deals. You all are not asking questions when it comes to property and people are losing their things. People are investing money in businesses, in equipment and everybody is getting a deal. People must understand that you cannot be taking advantage of other people,” Weekes said as he sentenced Harewood, who is known to the court, to three months in prison.

However, that sentence was suspended for 18 months.

The court had heard from Sergeant Victoria Taitt that police received a tip and went on duty to Mason Hall Street on February 20. On arrival, they observed Harewood standing by the roadside wearing a “fluorescent reflective jacket”. He was approached and questioned about the jacket and said that he had gotten it from a man called Crocodile Dundee along Reed Street.

During a further check of the trolley in Harewood’s possession, a hammer was found as well as two electrical outlets. The prosecutor said when Harewood was questioned about the items, he told police he had always had them.

However, Taitt disclosed, further investigations by police revealed that the articles came from a job site at the old Supreme Court building on Coleridge Street.

Harewood, in “begging” for leniency, told the court that he had not stolen any property.

“On the morning in question, I saw this guy we does call Crocodile Dundee with this thing pushing. I ask him about one of the things that he had on and he give me one, Sir. I was going to Mason Hall Street and the police [came]. I give them back the things. I didn’t have it for 10 minutes. They ask me where I get it from, I show them. I ain’t steal nothing from anybody. I ain’t steal nothing,” he maintained.

When questioned, he told the Chief Magistrate that he knew Crocodile Dundee “for years through jail and ting”.

But Harewood took responsibility for having the items.

“It was my mistake, Sir, my bad. I begging for a chance. I ain’t steal nothing. It is my fault, don’t send me to jail,” said the convicted man who already had 67 convictions to his name, 56 of them under the Theft Act. His last conviction was in 2012.

In handing down the suspended sentence on Harewood, the Chief Magistrate warned him it meant “you have to walk straight and clear for the next 18 months.”

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Two people jointly charged with drugs and money laundering offences have been released on $50 000 bail each.

They are Milisa Atrica Leola Browne, 30, of No. 45 Apartment #1, 5th Avenue Callenders Crescent, Christ Church, and Andre Xavier Leacock, 31, of Combermere Street, Nelson Street, St Michael.

As part of their bail conditions, the accused, who are both represented by attorney-at-law Shadia Simpson, must report to the Oistins Police Station every Wednesday by noon with valid identification.

The duo is charged with possession, possession with intent to supply, and trafficking of a quantity of cannabis on February 17. They are also facing charges of money laundering of BDS$79 514 and US$14 997, as well as unlawfully retaining the foreign currency.

Browne and Leacock were not required to plead to the indictable charges when they appeared before Magistrate Deidre McKenna at the Oistins Magistrates’ Court on Tuesday. Station Sergeant Vernon Waithe was the prosecutor in the matter.

The accused are scheduled to make their next court appearance on June 14.

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Criminal charges against three men have been dismissed in the District ‘A’ Magistrates’ Court.

But Chief Magistrate Ian Weekes warned them that the prosecution could relodge the cases against them if so minded.

Ravi Sheldon Shanker, of Spencer’s Gap, Baxters Road, St Michael had been before the court since 2018.

He was charged that on May 29 that year, he entered Tracelyn Bellas’ house as a trespasser and damaged a door worth $100.

In the other matter, Junior Orlando Sobers, of Licorish Village, My Lords Hill, St Michael was facing a charge of stealing a power washer worth $4 400, belonging to Williams Equipment on December 22, 2017.

The third accused, Amson Sealy, of Stevenson Road, Delamare Land, St Michael, was charged with unlawfully and maliciously wounding Andre Chester on October 9, 2017.

All three accused had pleaded not guilty to their individual charges and have each been on $3 000 bail for a number of years.

However, when their matters were called before Chief Magistrate Weekes on Tuesday, the prosecution still had no file to take any of the cases forward, resulting in the Chief Magistrate dismissing the cases.

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A 25-year-old man with no fixed place of abode and reportedly “disowned” by his family is desirous of returning to Guyana.

However attorney-at-law Samuel Legay who represented Carl Trevor Compton Kishna disclosed that the convicted man has no form of identification as he was unable to find his passport.

Kishna appeared before Chief Magistrate Ian Weekes this afternoon and pleaded guilty to loitering on the premises of Carolann Thorton with cause to suspect of being about to commit the act of theft.

Sergeant Victoria Taitt said the complainant observed Kishna on her CCTV on her property looking through the windows of her vehicle. Police were called in and he was subsequently detained.

When questioned he told lawmen that he was simply looking for money in order to get something to eat.

Legay in mitigating on Kishna’s behalf, said he knew the young man’s family and over the years his entire family has disowned him.

“I pleaded with his father . . . and aunt to reach out and mend the relationship, nothing of the sort.”

The attorney said the convicted man who is known to the court has been seeking shelter at Verdun House or at the homeless shelter on Sprye Street but has so far not been successful.

“He is not Barbadian. His father brought him here and the relationship went sour and he wants to return to his homeland of Guyana but he can’t find his passport. Nobody can find his passport,” said Legay, who disclosed that he was not surprised by the current charge before the court. But he made it clear that he was not making any excuses for Kishna being on the complainant’s premises.

“He needs help. He is one of those persons who has been in the system but for whatever reason has not been allowed in the system so to speak,” Legay added and urged the court that whatever sentence is imposed should include the help that the convicted man needed.

But the Chief Magistrate explained that someone would have to sign bail for Kishna as he has no fixed place of abode in order to get into a programme.

“Nobody will come for him,” said Legay who further disclosed that Kishna’s lack of formal identification had complicated things further for him.

Chief Magistrate Weekes remanded Kishna pending sentencing and to speak with the relevant officials on the way forward.

Kishna, who stated that he wanted to return to Guyana, will reappear before District ‘A’ Magistrates’ Court on March 8.

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He was set to go on trial before a nine-member jury in the High Court today.

Instead Karl Nokosi Mapp appeared before the No. 2 Supreme Court this morning and threw in the towel pleading guilty on the lesser offence on a two-count indictment.

The Thorpes Cottage, St George resident was before Justice Randall Worrell charged with unlawfully causing serious bodily harm to Jamar Callender on September 11, 2013 with intent to do him serious bodily harm or to maim, disfigure or disable him.

He was also charged with unlawfully and maliciously inflicting serious bodily harm on Callender.

On his first appearance on Monday Mapp pleaded not guilty to the two offences and the jurors were selected and impaneled to begin hearing the evidence in the matter from today.

But Mapp, who is represented by attorney-at-law Errol Niles, asked to be re-arraigned on the charges. He then pleaded guilty to the charge of unlawfully and maliciously inflicting serious bodily harm on Callendar.

Senior Crown Counsel Olivia Davis outlined the facts in the matter before the case was adjourned until April 15 for the sentencing phase.

A pre-sentencing report has been ordered on his life in the meantime.

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Even though it had no cylinder, the gun police found at the residence of Matthew Omar Adams almost 10 years ago was “a firearm” as defined under the Firearms Act.

Forensic firearms examiner Sergeant David Leslie gave that evidence on Thursday in the trial of the 6th Avenue Warner’s Gardens, Christ Church resident who is accused of having possession of a Smith and Wesson .32 revolver without a license on June 3, 2012.

Adams, who is in his late 30s, is on trial before Madam Justice Pamela Beckles and a nine-member jury.

Sergeant Leslie said when he examined the weapon, he deemed it to be in “poor operating condition” as the cylinder was missing. However, he explained that the gun did fire the “cartridge case” of a “downloaded cartridge” that was used to test fire it. He said he had used that method for safety reasons since the cylinder was missing.

“Based on my training and experience, all that was needed to fire a live round was to replace the cylinder. Yes, it is a firearm,” he testified.

Under cross-examination by Adams’ attorney Verla DePeiza, the gun expert said that the type of fireman for which the accused was charged was manufactured between 1883 and 1909.

While agreeing that the gun was over 50 years old, he stated: “It is not an antique. An antique firearm is not capable of discharge.”

Sergeant Leslie admitted that he did not fire the gun with a cylinder in place because none was available.

The gun, according to lead investigator Police Constable Derwin Belgrave who was one of five state witnesses, was found under a cap on a shelf in the living room of the house where the accused was living at the time, when police executed a search warrant.

When the gun was discovered, officers also noticed that it had no cylinder and there was also black tape around the handle.

“Ross bring that here Wednesday night and left it with me,” Adams had told police when asked to account for the weapon.

During the investigations, Adams also gave police a written statement which officer Belgrave read to the court.

In it, Adams said: “On the . . . Wednesday, I and Ross was at the ghetto and Ross showed me two firearms. Later that night, Ross ask to sleep by me and came and stayed there with the two firearms and he leave one there with me in the morning. On Friday night outside Sheraton, two police hold me . . . . On Sunday, the police take me home with a warrant; they search and found the firearm that Ross leave there under my hat on the shelf. They ask me about it and I told them how I get it.”

On Thursday, in an unsworn statement from the dock of the No. 5 Supreme Court, the accused man told jurors: “Yes, it is true I did let Ross stay up by me that . . . night . . . but I also let the police know about that also. That is all I have to say, can’t say nothing more.”

The prosecutor in the case, Crown Counsel Romario Straker and defence counsel Depeiza will make their closing addresses to the jury tomorrow.

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After admitting to possession of cocaine and paraphernalia used to smoke the substance, a 42-year-old man sought to assure that he would not “get caught with it again”.

Prince Edmund Nurse, of no fixed place of abode, made the promise as he pleaded with Chief Magistrate Ian Weekes not to send him to jail in connection with the two offences.

Weekes had heard that police were on mobile patrol along Mason Hall Street, The City on February 21 when they saw Nurse. They stopped to make enquiries in connection with another matter and he began fidgeting with his pants pocket.

A search was requested and granted and the crystalline substance and a small bottle, outfitted with mesh to one end containing residue, were found.

“I was now about to smoke that,” Nurse said when asked about the 0.36 grammes of cocaine.

“I does use this to smoke,” he further explained in reference to the bottle.

When he appeared in court, he sought the Chief Magistrate’s mercy.

“I beg you to put me on a bond and I will not get ketch with no drugs no more,” said Nurse who already had four convictions to his name, most of a similar nature.

“I plan to stop. I will not get ketch again. I swear to God I will not get ketch again. Please don’t send me to jail, please Sir,” he pleaded.

His plea did not fall on deaf ears as Magistrate Weekes imposed a three-month prison term which will be suspended for 18 months on the cocaine possession charge.

He was convicted, reprimanded and discharged for the offence of possession of apparatus.

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The present strategy of imposing hefty fines on convicted gunmen is the “correct policy,” a High Court judge has stated.

Justice Carlisle Greaves made the statement as he dealt with two gun matters before the No. 3 Supreme Court.

He said while there was a policy of imposing starting sentences of eight years in prison for such offences, there were other ways to deter offenders and would-be offenders from committing such crimes.

Justice Greaves, who has some 30 years’ experience on the Bench said,  “I believe our present policy is the correct policy” given the backlog of cases in the system.

He also made reference to the “over 300 firearm cases” to be adjudicated in the Supreme Court “two thirds of which are for simple possession”.

“These are firearms offences other than cases where a firearm is used, so these are possessions, robberies, that kind of stuff.”

He said the policy of the High Court of imposing fines of $25 000 or $35 000 “is correct” as it is not easy for a defendant to come up with the capital on his own.

“. . . It is not easy, so there is enough pain in it I think, in order to raise funds . . . It has to have an impact upon his likelihood to commit further offences of that sort  . . .  That’s my view.

“When everybody [the family] has to find and put a $5 000 here and a $2 000 there, everybody putting pressure on him after that, you know. So what our policy does therefore is recruit the family to assist us to hold the culprit responsible. It recruits the family to be itself responsible.

“There is more than one way to deter people . . . lockup is not the only way. There are a lot of ways to deter people from a judicial standpoint. You have to study it, and you have to be as smart as or smarter than those charged before you.

“So we are right. These fines are being paid and I want the public to understand that these fines are being paid.”

The judge said based on research he had conducted over the years, if criminal matters are brought to finality as fast as possible whether a person was fined or confined the “results are better”.

“When a man has been sentenced whether fined or confined, there is a finality in that and I think you will find that a person is more likely to walk the correct path than not and it sends a message to those would-be offenders,” Greaves said even as he warned that if the court was going the route of imposing fines the defendants had to walk with a substantial amount on money.

“When you are coming, bring the money. If you pick up a gun . . . you should put down some money, nuff money or . . . put down a lot of time to Dodds. You don’t pick up a fancy car and don’t have good insurance.

“A gun is a heavy thing. If you pick it up, put down some serious money. If you do not have any money don’t pick it up or do not pick it up at all,” he stressed.

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The complainant in a criminal matter against a St George man has shown him “compassion” resulting in the case being dismissed.

When accused Andre Netario Smith, from Constant Land, appeared before Magistrate Douglas Frederick the complainant Julian Cox informed the District ‘B’ Magistrates’ Court that he was no longer proceeding with the matter.

Smith had been charged with unlawfully and maliciously wounding Cox on December 22, 2018. He was 30 years old at the time. He had maintained his innocence of the charge from his first appearance and had been on $5 000 bail from the St Joseph-based court ever since.

But addressing Magistrate Frederick, Cox explained that he and the accused had spoken and had made the decision not to continue with the matter. He stated that he had not been coerced or threatened to make the decision.

“Me and the young fella, we had a talk, so I decide to give a “bit of leniency” and a “bit of compassion”, Cox said.

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On Tuesday a judge and jury began hearing evidence in a case against a St Michael man accused of committing an act of serious indecency against his four-year-old niece.

The offence is said to have been committed on October 14, 2018.

Today, before Madam Justice Pamela Beckles, nine jurors were selected to hear the case in the No. 5 Supreme Court in which 13 witnesses are expected to give evidence.

Among those giving evidence this morning were the child’s grandmother and a police officer.

The grandmother said the child, who is now eight years old, had told her what the uncle had allegedly done. The matter was reported to the police and the child was taken for medical examination.

The case, which is being prosecuted by Crown Counsel Romario Straker, will continue on Wednesday.

The accused is being represented by Andrew and Matthew Willoughby.

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Attorney-at-law Alvin David Bryan has been charged with theft of property belonging to the Advocate Publishers (2000) Incorporated.

The 52-year-old of Astoria, St George is accused of entering the house of Anthony Bryan, his deceased father, as a trespasser and stealing 17 shirts worth $5 337.15; a bottle of cologne worth $175; two packs of underwear worth $100 and a bottle of liquor worth $73.18  between April 23 and 30, 2021 property of the Advocate.

He pleaded not guilty to the charge before Magistrate Douglas Frederick in the District ‘B’ Magistrates’ Court located at St Joseph.

Defense counsel Kyle Walkes who is representing Bryan along with Queen’s Counsel Andrew Pilgrim submitted that his side has “a really strong defence” in the matter.

He further charged that the complainant bringing the case had “no standing” to do so and urged the prosecution to bring forward pretrial disclosure in the matter by the next sitting.

“We would like the court to keep an eye on the matter. We would like something to happen as soon as possible,” Walkes said.

There was no objection to bail from Station Sergeant Glenda Carter-Nicholls and the accused was granted bail in the sum of $3 000 with one surety.

Bryan is scheduled to reappear in court on June 27. (FW)

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Thirty-four-year-old Joel Philemon Maynard of Padmore Village, St Philip has been charged with murder.

Maynard is accused of taking the life Kevin Atherley three years ago.

Atherley’s body was found with multiple chops wounds at Harrow Land, St. Philip on September 26, 2019.

Maynard is scheduled to appear at the ‘District C’ St. Matthias Court today.

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A mother and son are before the court on separate charges involving the same complainant.

Cherrie Ann Elizabeth Watkins, a 40-year-old nail technician and her son Jaheim Elijah Watkins-Johnson, 18 appeared before Magistrate Manila Renee today .

Watkins is accused of using the threatening words “I hate you. I gine juck you and beat you till you dead. I don’t give a f**k about de police or de law. I gine kill you. You is a wicked dog and is no friend,” towards Kathy Ann Grant with intent to cause her to believe immediate violence will be used against her.

The accused pleaded not guilty to the charge which is alleged to have occurred on December 30, last year.

Watkins-Johnson meanwhile, is accused of threatening and assaulting Grant on the same day causing her actual bodily harm.

He is alleged to have said, within the complainant’s hearing, “De next time I gine shoot you in your ra****le head with my gun and I ain’t frighten for the f***ing police cause you wicked as ra****le. It would not be a rock, it would be my gun.”

The teenager, a waiter, pleaded not guilty to both charges before Magistrate Renee.

There was no objection to bail from Station Sergeant Vernon Waithe and Watkins-Johnson was granted bail after his surety was accepted for the sum of $2 500.

His mother was also granted bail in the sum of $750 with one surety.

The two, who are represented by attorney-at-law Kamisha Benjamin, are scheduled to reappear at the District ‘A’ Magistrates’ Court located at Cane Garden on October 19.

They have been warned by the magistrate to stay away from the complainant until the matters are adjudicated before the court.

“See her and don’t see her,” Renee advised.

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A sister who said she had handed her brother over to police after he admitted to committing a crime some years ago, is now claiming he is a “changed” man.

She made the declaration before Madam Justice Laurie-Ann Smith-Bovell on Thursday when the case of Kevin Dacosta Cadogan, of Arthur’s Seat, St Thomas, Kirk St Clair White of Jackson Main Road, St Michael and Adrian Drakes, of White Hill Village, Shop Hill, St Michael who previously resided at Browne’s Gap, Jackson, St Michael continued before the No. 4 Supreme Court.

The three previously admitted to unlawfully and maliciously endangering the life of a female pensioner by shooting at her on August 24, 2011, placing her in danger of death of serious bodily harm.

Appearing as a character witness on Drakes’ behalf the sister said after she found out his role in the crime she escorted him to the police station.

“I handed him over to the police,” she told the court.

In her evidence she revealed that Drakes had been a “parro” at the time. According to her, he was “walking about town with two slippers on his feet and all his
heels cracked up. . . . It hurt my heart to see him begging . . . .”

She said her brother, who is known as Boy Boy, subsequently went to prison but she did not give up on him and stood as his surety.

“I know he is a good boy so I risked my house and land. I love my brother,” she stated adding that when he was released from prison accommodations were set up for him with certain conditions.

“We told him you got to change your life around and he changed his life around. He was Boy Boy before but he is Adrian Drakes now,” she stated, adding that the convicted man had made several accomplishments in his life since then including securing a job.

“I am so happy that he changed his life around. He is a good boy. I am not only saying so because he is my brother, I could swear for it,” she added.

Character witnesses also gave evidence on White’s behalf today before the matter was adjourned.

The case will continue on March 22 when the prosecution and defence will make submissions on sentencing.

Deputy Director of Public Prosecutions Alliston Seale is prosecuting the matter and Queen’s Counsel Michael Lashley Q.C. and his team are representing White.

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A St Philip man was on Thursday remanded to prison on a murder charge, two years after the crime was committed.

Joel Philemon Maynard, 34, from Padmore Village is alleged to have taken the life of 25-year-old Kevin Atherley on September 26, 2019.

The deceased’s body was found at Harrow Land, St Philip with multiple chop wounds.

Maynard appeared before Magistrate Elwood Watts this morning at the District ‘C’ Magistrates’ Court located at St Matthias on the indictable charge to which he was not required to enter a plea.

The accused, who was unrepresented by legal counsel, was remanded to Dodds Prison to make his next court appearance on March 31.

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COVID-19 is “wreaking havoc” on the management of cases in the court system, Justice Carlisle Greaves has said.

He made the comment as another matter before his No. 3 Supreme Court had to be adjourned due to an accused being exposed to the virus.

Today, the case against Akeem Ricardo Bourne, of Emerald Park West, Six Roads, St Philip; Hakeem Zoe Isiah Robinson, of Barlett’s Tenantry Sergeant Village, Christ Church and Rachan Jackson Thomas, of Vauxhall, Christ Church was set to begin.

The three are facing a joint two-count indictment. They are charged that that on January 3, 2018 – in Christ Church –  they robbed Emmerson Trotman of a cellular phone , a wallet, a watch, US$120, and BDS$1 160;  totalling $3 250 as well as they entered his residence as trespassers and stole $200 while armed with firearms.

When the matter was called the witness in the case was present. However, the Judge informed him that the court could not proceed with the robbery and aggravated burglary matters at this time.

Robinson and Thomas are held at Dodds at present and the judge revealed that “COVID lockdown inside there and they can’t come out at this time.”

“COVID-19 is wreaking havoc throughout the courts. If it isn’t one thing, it is the other. Either the lawyer sick with COVID or the clerk sick or the stenographer sick . . .  or witnesses sick or a juror gone sick or exposed, or an accused sick, or prisoner sick – this is worse than trying to save a party boat and it is particularly difficult when the case is one with multiple defendants.

“But I am going to keep this case under tight management because I know that you [complainant] want the case done,” Justice Greaves said as he confirmed that his court’s diary was “almost full” for the month of March but “We are behind scheduled”.

The matter will come up again for trial.

Bourne, who was present in court, is represented by attorney-at-law Leslie Cargil Straker while Senior Crown Counsel Neville Watson is the prosecutor.

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The trial of two men facing gun, ammunition and drugs charges is expected to resume in the High Court soon.

The case against Adrian Fitzgerald Bradshaw and Brian Barry King had been adjourned for a few months due to the ongoing COVID-19 pandemic and the subsequent suspension of in-person court hearings.

Their case was called on Monday in the absence of the jury.

The accused are jointly charged with possession of a .357 revolver, a .22 revolver and a 9mm pistol along with 678 rounds of ammunition. The matter is being heard before a nine-member jury and Justice Randall Worrell.

They are also facing charges of possession and trafficking 37.9 kilogrammes of cannabis.The offences are said to have been committed on September 15, 2016.

Bradshaw has no legal representative while King has Dr Lenda Blackman and Simon Clarke as his attorneys.

Senior Crown Counsel Oliver Thomas is representing the State in the matter.

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The trial of an attorney-at-law accused of theft and money laundering is set to begin in earnest before the High Court on Tuesday.

On Monday nine jurors were selected from the jury pool to begin hearing evidence in the matter against Norman Leroy Lynch.

The case is being heard before Justice Randall Worrell in the No. 2 Supreme Court and 11 witnesses are expected to be called by the prosecution to give evidence.

Lynch is accused of engaging in money laundering in that he disposed of BDS$457 634 between June 22, 2007 and December 21, 2008 being the proceeds of crime.

Over the same period it is also alleged that he stole $407 634 being the proceeds of a FirstCaribbean International Bank cheque made payable to Leroy Lynch and belonging to the estate of Arthur O’Neal Thomas.

The lawyer is further charged with stealing another $50 000 between August 18, 2005 and December 21, 2008 also belonging to Thomas’ estate.

The St Michael resident has pleaded not guilty to the charges and is being represented by attorney-at-law Marlon Gordon.

Senior Crown Counsel Olivia Davis is prosecuting the matter. She is expected to address the jury when the case begins at 9: 30 a.m.  on Tuesday following which the state’s witnesses are expected to be called to the stand.

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The Court of Appeal has reserved its decision in a matter brought by veteran educator Valdez Francis following a 2010 judicial review decision by the High Court not to award him monetary damages.

Through his attorney Gregory Nicholls, Francis had brought a judicial review application against the Attorney General and the board of management of the then Samuel Jackman Prescod Polytechnic (SJPP) for the administrative decision to terminate his temporary appointment as coordinator of the SJPP Open and Flexible Learning Centre and reassign him to his substantive teaching post at the St Leonard’s Boys School.

In March 2020, Madam Justice Jacqueline Cornelius ruled that there were egregious acts of public maladministration in the educator’s case and granted him the declaratory relief and quashing orders he sought, but did not award monetary damages.

Appealing the latter decision in a civil application, Francis contended that the principles of good administration required the court to grant an “effective remedy” to meet the justice of the case and one that went beyond the granting of declaratory relief and a non-curative quashing order.

He has asked a panel of Court of Appeal judges – Chief Justice Sir Patterson Cheltenham, Justice Rajendra Narine, and Justice Francis Belle – to set aside the High Court’s decision to “refuse to award him damages to vindicate his public law rights that have been infringed by the public authorities” in the unlawful administrative decision to terminate his temporary appointment and the reversion to his substantive post, after 14 years of secondment in senior administrative posts in the Ministry of Education.

Nicholls is suggesting that the Court consider awarding damages in the region of $50 000 in “non-pecuniary loss” for what he said was the “embarrassment, inconvenience, all of the other dislocations” that his client suffered as a result of “the series of unlawful actions” that put him out of the SJPP.

But Principal Crown Counsel Marsha Lougheed, who is representing the Attorney General in the matter, argued that the judge gave adequate consideration, in their view, to the issue of whether the information before the court warranted the exercise of her discretion to award damages.

“We believe that the issue was addressed adequately within the parameters of the judge’s discretion.

“We disagree with the position taken by the appellant that the judge in any way erred in law or misdirected herself on any of the issues raised by the appellant in his grounds of appeal,” said Lougheed who further submitted that the question that the Court of Appeal has to consider was whether the trial judge erred in law “simply because she refused to exercise her discretion to award a specific remedy sought by the appellant”.

“We submit that the issue as to whether damages were to be awarded to the claimant, now appellant, was entirely within the purview of the judge. Based on the evidence available for her consideration and evaluation, she deemed it not warranted in the circumstances.

“We invite this court to accept the findings of the judge and not to vary the position with respect to the award of damages. It is a discretionary exercise . . . . We submit that the judge was accurate that there was nothing before that court that would warrant an award of damages as required,” she added.

Queen’s Counsel Larry Smith, who is the attorney for the SJPP board of management, adopted Lougheed’s submissions and in putting forward arguments of his own, urged the three-member panel to “find there is no merit in this appeal” and award costs to his client.

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Five charges of praedial larceny have landed two suspected thieves on remand at Dodds.

And the prosecution, in objecting to bail for the accused, disclosed that another person is still being sought by police.

Rico Omar Drayton, 32, of Turton’s Gap, Government Hill, St Michael and Trevon Orlando Farley, 26, of Seales Land, Government Hill, St Michael are jointly charged with stealing sweet potatoes belonging to the Barbados Agricultural Development and Marketing Corporation (BADMC) from Applewhaites Plantation, St George.

It is alleged that the two stole a combined total of 316 rods of the produce between January 28 and March 1.

The estimated value of the stolen produce is $6 320.

Drayton and Farley made their first appearance before the District ‘B’ Magistrates Court located at Horse Hill, St Joseph on Wednesday where they pleaded not guilty to the charges before Magistrate Douglas Frederick.

Prosecutor Station Sergeant Glenda Carter-Nicholls objected to bail for the duo based on the seriousness of the offences and the period in which five allegations had been proffered against them.

She also told the court that there was a need to protect society, especially farmers, and that a third suspect was being sought by lawmen.

Magistrate Frederick ruled in favour of the prosecution after attorney-at-law Safiya Moore made an application for bail on behalf of the men. They will return before that court on April 6.

In the meantime, Drayton is expected to appear before the District ‘A’ Traffic Court on March 16 on two offences.

He is alleged to have driven an unregistered vehicle and that vehicle was said to be carrying fraudulent number plates.

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