While Barbados’ Penal Reform Act stipulates that a person’s age should be taken into account when a court considers sentencing, a judge is of the view that should not hold much weight, especially when it comes to gun-related matters.

“Taking into account the current environment in this island and perhaps many around the Caribbean, many countries of the Commonwealth and the world, it is not the old men who are arming themselves with firearms and causing the menace to our society that has become so rampant. It is the young men who are doing it,” Justice Carlisle Greaves stated as he considered submissions on sentencing made by convicted gunman Carl Leslie Hinds Jr’s attorney Safiya Moore.

The judge imposed a $15,000 fine on Hinds, of Lodge Crescent, Lodge Hill, St Michael, after he pleaded guilty to possession of a .22 revolver and four rounds of ammunition. The loaded gun was found in a manhole in the ceiling of his residence when police executed a search warrant there on March 27, 2019.

He was 19 years old at the time of the offence and his lawyer told the court to consider that a mitigating factor when imposing sentence.

But the High Court judge explained that the message had long been in the public domain and everyone should have heard to “put down the firearms or the consequences may be severe”.

“So I am unable to give any real discount because he was 19,” he said.

The judge, however, took into consideration that it was Hinds’ effort and that of his attorney that had resulted in the case coming before the court as quickly as it had.

The first-time gun offender was given credit for that as well as for the 1,079 days he had spent on remand at Dodds, and a one-third discount for his guilty plea.

Justice Greaves then acceded to the submissions by the defence that a forthwith $10 000 fine be imposed for possession of the firearm charge and $5 000 for the four rounds of ammunition, to be paid in three months with the alternative of two years in prison.

He took into consideration that the type of firearm was on the lower end and in poor working condition, according to the firearm expert, as well as the fact that the gun was not found on the streets and had been recovered.

“I have been urged to consider the difficulty with which the defendant is faced in raising these funds. It has been a family effort and that is one of the considerations that these courts continue to take into account. Because the reality is that many of these young men who choose to put themselves in trouble, particularly with firearms, have no money and it is their parents . . . who have to go around trying to raise the funds from other family members and friends,” Justice Greaves said.

The judge said this, in turn, recruits family members to assist the courts by applying pressure on the convicted men “to steer them away from crime and particularly crimes involving firearms”.

Acting Senior Crown Counsel Rudolph Burnett who prosecuted the case had submitted that the court impose an eight-year starting sentence. He however suggested that be increased by one year given the aggravating factors of the offence outweighed the mitigating factors, following which deductions should be given for the time he had spent on remand, and his guilty plea.

The prosecutor, however, was not opposed to the imposition of a fine, if the court was so minded.

Justice Greaves agreed with the prosecutor’s suggested starting sentence but said there were no aggravating factors that would result in the increase of the starting point.

“Young man, you have been given an opportunity to fly right. For a long time, you have not been performing as you should. Your probation report suggests that you had problems in school even though you were good enough to pass your Common Entrance and go on to a school with a great foundation.

“You need to get back to school. Get up and go back to school to get something in your head, stop smoking de dope. You get one chance; don’t come back because the law is clear – if you get convicted for a second firearm offence, jail is sure and big . . . and you better spread the gospel around to those . . . who doing foolishness,” the judge told Hinds.

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A security guard accused of two counts of rape, one charge of serious indecency and one of procuring a child to have sex with someone else, will remain on remand at Dodds until month end.

Stephen Owen McDonald Alkins, of Halls Land, Bank Hall, St Michael, who was remanded to Dodds on his first appearance before the District ‘A’ Magistrates’ Court back in February, is now scheduled to make his next appearance on March 31.

The 51-year-old is alleged to have procured a 14-year-old girl for her to have sexual intercourse with another person between August 1 and December 21, 2021.

He is also accused of committing an act of serious indecency towards the same girl between December 1 and 31 last year, as well as having sexual intercourse with the child on January 20 and 21 this year.

Alkins appeared before Chief Magistrate Ian Weekes on Wednesday, his second court appearance, on the four indictable charges for which he is not required to plead.

Prosecutor Station Sergeant Crishna Graham maintained objections to bail while the accused’s defence team made another application for bail.

Alkins is represented by Queen’s Counsel Michael Lashley, Dr Lenda Blackman, Simon Clarke, and Ken Mason.

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Acting on a tip off, police officers ventured to Cavan’s Lane, St Michael on May 13, 2018.

On arrival they observed a man later identified as Kemar Shane Murray, of Jackson Terrace, St Michael standing near a vehicle in the area of the entrance of a popular pleasure craft. As they approached he removed a sweater that he was wearing, dropped it and kicked in under the vehicle.

Crown Counsel Romario Straker, in reading the facts in the No. 2 Supreme Court on Friday disclosed that Murray’s actions prompted police to request a search of his person to which he consented. Found in his pants waist was a firearm loaded with six rounds of ammunition.

Asked to account for the gun and bullets, which he told police that he had no licence to carry, Murray said “Officer I got this for my protection. There got people threatening to kill me. They kill my father, I don’t want to die like he did.”

He was afforded his rights to an attorney and the investigations continued.

In explaining his reason for discarding the sweater, he said, “I know that the sweater would bring attention so it took it off and dropped it”. But he refused to give a written statement to lawmen saying that “My lawyer tell me not to give any statements.”

The weapon was examined by a firearms expert and found to be a .45 calibre revolver.

Last month Murray appeared before Justice Randall Worrell in the No. 2 Supreme Court where he pleaded guilty to the two-count indictment.

After the facts were read by the prosecutor on Friday a pre-sentencing report was ordered in preparation for sentencing in the case in which he is being represented by Arthur Holder Chambers.

Murray’s case will come up again for hearing on May 6. He remains on bail in the meantime.

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A 23-year-old man appeared in court on several criminal and traffic charges allegedly committed in two jurisdictions.

Tridan Tarik Rock, of 7th Avenue New Orleans, St. Michael is alleged to have assaulted Nadira Gibbs-St. Mark on December 12 last year.

He pleaded not guilty to the charge when he appeared before Magistrate Deidre McKenna.

Station Sergeant Victoria Taitt objected to bail based on the seriousness of the charge pointing out that there was an allegation that a firearm had been used. The prosecutor also submitted that the accused is known to the court and there were fears that he would re-offend.

“The complainant needs protection from the accused and by extension society,” said the Station Sergeant who added that she was also objecting based on the strength of the evidence.

After hearing from the accused on the issue of bail he was remanded to reappear before the Oistins Magistrates’ Court until April 7.

Rock also made an appearance before the No. 2 District ‘A’ Magistrates’ Court charged with using threatening words towards Amekhia Gibbs-St Mark on March 5 and assaulting her.

He is alleged to have said “You better be with your mother and sisters all the time because I gine kill you.”

It is further alleged that on March 6 being the driver of a motorcycle along Goodland Road he did so without due care and attention as well as any reasonable consideration for other persons using the road.

He is also charged with operating the motorcycle without insurance, or licence authorizing him to drive a vehicle of that class or description and not having the front or rear number plates in a position that it may be easily read.

Station Sergeant Vernon Waithe who prosecuted that matter before Magistrate Manila Renee put forward a successful application against bail for the accused.

Rock was remanded to Dodds to reappear before that court on April 6.

However the traffic matters have been transferred to the District ‘A’ Magistrates’ Traffic Court for March 14.

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A retiree is now on bail after being hauled before the law courts on several counts of fraud.

Godfrey Winston Hinds, 70, of Free Hill, St Lucy could not plead to the indictable charges when he appeared before Magistrate Manila Renee.

There were no objections to bail from Station Sergeant Vernon Waithe and he was granted $5 000 bail with one surety.

He will make his next court appearance before the No. 2 District ‘A’ Magistrates’ Court on October 3.

Hinds is charged that he with intent to defraud, forged several endorsements on RBC Royal Bank (Barbados) Limited cheques.

The endorsement reportedly stated “Please pay to Godfrey W. Hinds for E E Hinds and M N Hinds” purporting to be from Marsha Hinds and Eulese Hinds.

He allegedly made the endorsement on a cheque for $152. 25 drawn from the account of Cable and Wireless between February 28 and March 7, 2011. Another was made between July 15 and 19, 2011 for $259.88; on January 31, 2012 for $129.50; between July 6 and July 11, 2012 for $259.88; between January 31 and February 6, 2013  for $129.50; and between January 31 and February 11, 2011 for $129.50

The same offences were allegedly committed by Hinds, this time the amount of $14 .22 was drawn from the account of Light and Power Holdings Limited between December 9 and December 17, 2013 as well as between June 13 and 19, 2014 for $15.32.

It is further alleged that between March 13 and 23, 2015 similar endorsements were made and drawn on the account of Emera Caribbean for $17.50; on June 17, 2015 for $17.50 and between September 15 and 23, 2015 for $17.50.

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By Fernella Wedderburn and Kareem Smith

Former Attorney General Adriel Brathwaite will appeal Monday’s High Court decision that the Senate can lawfully meet with 18 appointed members although the constitution makes reference to 21.

Brathwaite’s attorney-at-law Queen’s Counsel Garth Patterson, moments after Justice Cicely Chase dismissed the legal challenge, told Barbados TODAY that his client had every intention of pursuing the matter up to the level of the Caribbean Court of Justice (CCJ).

Patterson also believes that the Mia Mottley administration should continue to delay business in the Senate until the conclusion of the matter.

But Attorney General Dale Marshall, declaring that the decision “clears the way for the business of the Senate to begin”, indicated that the Government has no intention of holding up the process any longer.

During a three-hour judgement handed down on Monday afternoon, Justice Chase ruled that the Senate is free to meet with the 11 Senators nominated by Prime Minister Mia Mottley and seven others appointed at the discretion of President Dame Sandra Mason.

The High Court judge also held that President Mason was well within her right to convene Parliament under the circumstances.
Based on the ruling, the Prime Minister is free to proceed with constitutional amendments to facilitate the appointment of 18-year-old Khaleel Kothdiwala and two DLP nominees to the Senate.

“We are obviously disappointed with the decision and we intend to appeal,” Patterson told Barbados TODAY.
“[Justice Chase] ruled against us on all of the points and so we are going to appeal…I expect by the end of the week we’ll have an appeal,” he added.
In a statement released shortly after the reading of the judgement, the AG said he was delighted at the decision, including the fact that it was handed down five weeks after being brought against the Government.

Marshall said despite the ruling administration’s confidence that the Senate was properly constituted, citizens have the right to “test” Government’s decisions in court.

“We have more than ably met that challenge brought by Mr Brathwaite, a former Attorney General, and this decision clears the way for the work of the Senate to begin in this Parliamentary term,” he declared.

“There are several new senators who are chomping at the bit to participate in national debate through the work of the Senate, and are now free to do so without pending court proceedings clouding the integrity of the sittings of that Upper House,” he added.

On the other hand, Patterson maintains that the matter should be “fully” resolved before the business of the Senate is undertaken.

“The position we’ve taken from the outset is that the Senate is improperly constituted and if we are right, then it means that anything that the Senate or the Parliament does between now and when the matter is ultimately decided will be unconstitutional and null and void, assuming that we are right,” said the senior attorney.

“I am assuming that if we are successful at the Court of Appeal, the other side will appeal it and if the other side succeeds then we will appeal it to the CCJ.

So it will likely end at the CCJ either way.

Earlier in the High Court, Justice Chase stated that Brathwaite’s argument that 21 persons must be appointed before the Senate can convene was “a very narrow interpretation” of Section 36 (1) of the Constitution.

“In other words, Section 36 (1) cannot stand on its own and there has to be a purposive and contextual approach to what is intended by the framers of the Constitution.

I do not accept the applicant’s argument that a vacancy could only arise after the 21 persons have been appointed. . . . I view it that the business of each House and, more importantly in this instance, the Senate, is allowed to continue in light of and in spite of the vacancy.

“The applicant’s argument that 21 Senators must be appointed by the President before the Senate can be properly constituted is . . . not accepted by this court and is rejected in the face of considerations of other sections of the Constitution,” the judge added.

She further stated that there are “no regulations” in Section 36 (1) or “any part” of the Constitution prohibiting the President from commencing Parliament as she did without the maximum number .

“The Constitution has to be taken in its context and indeed not out of context and there is no provision preventing the Senate from convening with the numbers of Senators less than 21. The Court also, therefore, finds that the President properly convened the Parliament on February 4, 2022, and within the timeframe stipulated for convening the first session, as she did so with 18 senators which properly allowed as the business of the Senate is to be conducted in spite of the fact that a vacancy or vacancies exist,” Justice Chase said.

Pointing to the appointment of two opposition senators under Section 75, Justice Chase stated that there is no Leader of the Opposition and as such “no guidelines” are available to the President for her consideration as to how this appointment should take effect.

The Mottley administration went to Parliament to make amendments to the Constitution to allow the Democratic Labour Party (DLP), as the party with the secondhighest number of votes in the general election although having won no seats, to select two senators; and to allow persons to be members of the

Senate from the age of 18, to facilitate Kothdiwala’s nomination to the Upper House.

“The President is perfectly at liberty to seek guidance by waiting for [the] Constitutional amendments which will seek to guide her.

This Court rules that she has done nothing wrong in seeking the guidance on waiting for the passing of legislation on the same,” Justice Chase said.

“The Court finds that having regard to the passing of the Bill on February 8, that any law so passed is not unconstitutional, invalid or null or void in light of the interpretation given to Section 36 that the Senate was properly constituted and therefore is entitled to conduct business notwithstanding the vacancies.”

On the issue of immunity granted to the President pursuant to Section 34 (1), the Court further ruled that it had “no power or jurisdiction to have the

President appear before it to answer any of the claims of the applicant, including the claims that she acted arbitrarily . . . or had an improper exercise of her discretion or exercise her powers unreasonably”.

She said the court also took into consideration the Constitutional Amendment Act 2021, Section 34 (g) (6).
“. . . . The President is exempted from suit relative to any actions . . . it is clear that any acts taken or done by the President cannot be looked into unless they are unlawful.

Absolutely no evidence has been forthcoming that the president has acted unlawfully,” she stated.

In light of that ruling, she said the oral application made by Brathwaite’s attorneys – Patterson, Michelle Russell and Rico Yearwood – for the AG to be cross-examined on his two affidavits was denied.

“ . . . The president cannot be brought before a Court and is immune and her representative being the respondent (the AG) is not in a position to respond to any questions which may arise as a result of her actions or omissions,” Justice Chase added.

The substantive arguments of the constitutional motion are set to go before the court on April 12.

The State was represented by Queen’s Counsel Leslie Haynes, Roger Forde Q.C., Alrick Scott Q.C., attorneys Gregory Nicholls and Kashawn Woods along with Simone Scott from the Attorney General’s Chambers, with instructing attorneys from the chambers of Carrington & Sealy represented by Dr Adrian Cummins Q.C., Shericka Mohammed- Cumberbatch and Jason Wilkinson.

fernellawedderburn@barbadostoday.bb

kareemsmith@barbadostoday.bb

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The daughter of deceased Arthur O’Neal Thomas testified before the High Court they have yet to receive any money from the 2007 sale of land willed to her and her siblings.

Hortensia Ward nee Thomas took the witness stand in the No. 2 Supreme Court on Monday and gave the evidence in the theft and money laundering trial of attorney-at-law Norman Leroy Lynch.

Lynch is facing nine jurors, accused of engaging in money laundering in the disposal of $457 634, being the proceeds of crime, between June 22, 2007 and December 21, 2008.

It is also alleged that over the same period, he stole $407 634 being the proceeds of a FirstCaribbean International Bank cheque made payable to Leroy Lynch and belonging to the estate of Thomas.

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

Ward told the court that Lynch was the attorney representing her and her two brothers in the sale of property at Hopeland, St George which was willed to them by their father.

She testified that the three of them decided to sell the property in 2005 and went to Lynch’s office to prepare the necessary documents. The selling price, she said, was $500 000 with a deposit to be made of $50 000 by the purchaser and the remainder due on completion of the sale.

“My two brothers and I never received any money,” Ward told the court presided over by Justice Randall Worrell, adding that once the sale was completed in 2007, “we never heard from Mr Lynch” despite numerous attempts to contact him via telephone and see him in person.

Responding to a question by Senior Crown Counsel Olivia Davis, the witness disclosed that they subsequently made a report to the police on the matter and gave them their father’s will.

Meantime, Nicole Codrington, who is a junior analyst at FirstCaribbean International Bank but was previously a customer service representative, disclosed that she dealt with and processed a transaction involving the deposit of a cheque which was made to Lynch’s account for $407 634. The funds, she said, came from the client account of David Thompson at Thompson and Associates.

However, under cross-examination by Lynch’s attorney Marlon Gordon, Codrington stated that she could not recall who handed over the cheque.

Another state witness was Cheryl Small, one of Lynch’s legal secretaries from 1981 to 2007. She stated that she was one of eight workers at the office but it was no longer functional.

Small said she prepared the agreement for sale in the matter on trial but she never dealt with making any deposits of money on the accused’s behalf or with accounts.

To her recollection, a cheque did come to the office from the purchaser’s attorney.

“It will have to be the final cheque because that is when the client will call and ask about the status of the [matter],” she said, adding that whenever cheques came to the office they would “go with the file on Mr Lynch’s desk for him to deal with it”.

Attorney-at-law Gail Prescod was the purchaser’s attorney while she was with the chambers of Thompson and Associates.

She stated that the $50 000 deposit was paid over to Mr Lynch as well as the balance of the purchase price.

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A teenager has been remanded to Dodds prison for the next 28 days on gun and ammunition charges.

Tarvian Victor Jyair Eastmond, of Risk Road, Fitts Village, St James, is accused of having possession of a gun and four rounds of ammunition without the necessary licences or permits to do so.

The crime was reportedly committed, in his constituency, on March 19.

The 16-year-old could not plead to the indictable charges when he appeared before Magistrate Wayne Clarke on Monday.

Eastmond, who is represented by attorneys-at-law Michael Lashley Q.C., Simon Clarke and Ken Mason, will make his next appearance before the District ‘E’ Magistrates’ Court on April 11.

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While investigating the theft of money from a land sale, accused attorney-at-law Norman Leroy Lynch reportedly told police “I had the money but I don’t know where it gone.”

That evidence was disclosed on Tuesday by lead investigator Acting Assistant Superintendent of Police (ASP) Mark White when Lynch’s theft and money laundering trial continued before the No. 2 Supreme Court.

However, Lynch’s legal team, led by defence counsel Marlon Gordon objected to all statements that the police alleged the accused made on the grounds that they “were never made”.

But presiding Justice Randall Worrell told the defence that the statements will be a matter of fact for the nine jurors hearing the case to determine.

Lynch is charged with stealing $50 000 belonging to the estate of Arthur O’Neal Thomas between August 18, 2005 and December 21, 2008,.

He is also charged with stealing $407 634, the proceeds of a FirstCaribbean International Bank cheque made payable to Leroy Lynch and belonging to Thomas’ estate. This reportedly occurred between June 22, 2007 and December 21, 2008.

Further, the lawyer is accused of money laundering in that he disposed of $457 634, being the proceeds of crime, also between August 18, 2005 and December 21, 2008.

Acting ASP White told the court that he was attached to the Fraud Squad when he launched a probe following a report which led to Lynch being charged with offences.

He disclosed that on March 10, 2011 he and other police officers went on duty to Lynch’s St Michael residence. On arrival there, he said, he told the accused in the presence of another officer, about his investigations into a report made by Erwin Thomas. Thomas, White told the accused, had reported that between August 8, 2005 and December 21, 2008 attorney-at-law Leroy Lynch stole $457 634 the proceeds of two cheques belonging to him.

Lynch, he said, replied “I know about it. I don’t want this in my life right now.”

The officer said he asked Lynch to accompany police to the Criminal Investigations Department (CID), where further investigations would be carried out and he did so voluntarily.

At the department the acting ASP said when he told Lynch that he was continuing the investigations the accused responded, “I had the money but I don’t know where it gone.”

Lynch was afforded his rights to a legal counsel.

The following day White told the accused that his investigations were continuing into Thomas’ report and questioned him on whether he had a file about the sale of land to which he said “yes”. When asked to hand it over Lynch told police that the file was either at home or in “an old building” at Bank Hall. “I will show you.”

The officer accompanied Lynch to the building, searched through the files and a deposit book was discovered but no file in relation to the sale of property belonging to Thomas was located.

They returned to CID and Lynch was asked whether he would give a statement on the matter where Thomas reported that he stole money relating to the sale of four acres of land at Hopeland, St George. Lynch declined.

A number questions were then posed, the officer said, and Lynch admitted that knew the late Arthur Thomas “very, very well”.

When asked if he had received $50 000 as a ten per cent deposit for the sale of Thomas’ Land, Lynch replied, “It could be possible but as I said not being difficult, I don’t remember.”

Asked whether he received a cheque from Thompson and Associates for $407 634, as final payment for the sale of Thomas’ land, Lynch replied “I don’t recall.”

He was shown the cheque made payable to him for the amount and said, “I see it, a cheque given to me but to say I remember it, is impossible.”

During the questioning he was told of the crime of money laundering in that he disposed of $457 634 and Lynch said, “I ain’t launder no money. I help a lot of people who were in need.”

He was eventually charged.

Under cross examination by Gordon, acting ASP White was adamant that he “did not” fabricate the answers to the questions he asked Lynch.

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Several persons have appeared before the District ‘A’ Magistrates’ Court on separate charges in connection with an incident involving lawmen which occurred at Chapman Lane, St Michael and which has made the rounds on social media.

Shae-Paul Pierre Knight, of 3rd Avenue Chapman Lane, St Michael, is alleged to have assaulted and resisted Acting Inspector Dwayne Cumberbatch in the execution of his duties on March 11.

Knight, a 24-year-old general worker, who was represented by attorney-at-law Shadia Simpson pleaded not guilty to the charges before Magistrate Kim Butcher.

With no objections from the prosecutor, he secured bail in the sum of $3 000. He has been ordered to reappear before the court on August 17.

The other accused is Jaleel Kadeem Callender, of Barbarees Hill, St Michael.

The 28-year-old shopkeeper is accused of assaulting and obstructing Acting Inspector Cumberbatch also in the line of duty on March 11.

The accused who is represented by attorney-at-law Andrew Pilgrim QC pleaded not guilty to the charges and was granted $3 000 bail with one surety.

He too will reappear before Magistrate Butcher on March 17.

A minor from St Michael also appeared in court accused of assaulting and obstructing Cumberbatch on March 11 as well as assaulting and resisting Police Constable Melissa Thomas.

The accused female is further alleged to have damaged a chain, a pendant, a pair of earrings and a pair of contact lens belonging to Thomas without lawful authority or was reckless as to whether such property would be damaged.

No plea was taken from the 15-year-old who was granted $700 bail when she appeared before Magistrate Butcher.

The case against her has been transferred to the Juvenile Court for hearing on March 18.

Twenty-year-old Kamila Ishannie Gill-Moore, of Evergreen Road, Christ Church is facing the same charges as the minor which pertains to PC Thomas and has pleaded not guilty.

She was granted bail in the sum of $3 000 with one surety and warned to stay away from members of the Barbados Police Service particularly while they are on duty.

Gill-Moore, who is represented by attorneys-at-law Ken Mason and Simon Clarke, will reappear before the District ‘A’ Magistrates’ Court on August 19.

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A Christ Church man is expected to reappear before the St Matthias Magistrates’ Court next week in connection with two criminal offences.

Dwayne Nathaniel Forde, from Vauxhall Main Road, pleaded guilty before Magistrate Elwood Watts to unlawfully assaulting Shacquile Forde on March 11 causing him bodily harm.

The 36-year-old also admitted that he unlawfully and maliciously wounded a minor on the same day.

Sergeant Victoria Taitt told the court that there was an altercation after the accused told Forde to leave his residence.  When he refused, the accused took up a hammer and struck the complainant in the back and on his leg. The complainant ran into the bedroom and the child was struck by the accused during the altercation.

Accused Forde, who is known to the court, will make his next appearance on March 22, when the complainant is also expected to appear.

He is on $1 500 bail in the meantime.

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A 37-year-old man is facing two criminal charges allegedly committed between March 5 and 9 this year.

But Hussayn Jamal Burrowes, of Well Gap, Cave Hill  St Michael was not required to plead to the indictable charges when he appeared before Magistrate Kim Butcher.

He is alleged to have had sexual intercourse with a female without her consent or was reckless as to whether she consented and unlawfully confined her.

Following submissions on bail from prosecutor Police Constable Ralph Rollock and Burrowes’ attorney Shadia Simpson, the accused was allowed bail in the sum of $8 000 bail and ordered to reappear before the District ‘A’ Magistrates’ on August 16.

In the meantime he has been warned to stay away from the complainant in the matter.

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The client bank account of attorney-at-law Norman Leroy Lynch, which was opened in February 1995, is closed and has a balance of zero dollars, a bank employee testified in the lawyer’s fraud case on Wednesday.

Director of Retail Banking Channels at CIBC FirstCaribbean International Bank, Michelle Whitelaw also told the nine jurors hearing the evidence in the theft and money laundering trial that all transactions conducted on the accused’s client account were deemed lawful and no complaints about withdrawals or deposits were made.

“At no point in time has he come or anybody come to the bank to say that the transactions were not for the [client] account of N. Leroy Lynch,” the former Senior Bank Manager of FirstCaribbean’s Broad Street branch said.

Whitelaw was one of 11 witnesses to give evidence in the case prosecuted by Senior Crown Counsel Olivia Davis and Crown Counsel Romario Straker.

Lynch is accused of stealing $50 000 belonging to the estate of Arthur O’Neal Thomas between August 18, 2005 and December 21, 2008. He is also charged with stealing $407 634, the proceeds of a FirstCaribbean International Bank cheque made payable to Leroy Lynch and belonging to Thomas’ estate. This reportedly occurred between June 22, 2007 and December 21, 2008.

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

Whitelaw testified that the bank investigated and reviewed the client account and banking statements of the accused after she was approached by Acting Assistant Superintendent of Police (ASP) Mark White. She said the officer informed her that the Fraud Squad was investigating a matter regarding Lynch.

The senior bank worker told the court presided over by Justice Randall Worrell that Lynch was the only signatory to the account and was the “only person authorised to give instructions as to how the account should be administered”.

Whitelaw also pointed to withdrawals and deposits that were made on the particular account.

She disclosed that a cheque for $407 634 was deposited to Lynch’s account in June 2007. However, she said that based on the records, that sum was not withdrawn from the account in that amount.

The amount of $457 634, she said, was also not withdrawn from the account, neither was $50 000 taken out in “one go”.

However, she said there were amounts of over $10 000 that were withdrawn.

Sums of $290 714.60 and $23 000 were withdrawn after the $407 634 deposit, Whitelaw disclosed, and then there was a further withdrawal of $24 000 as well as small withdrawals which represented banking charges.

She said acting on information from ASP White, an enquiry was also made for the period July 30, 2005 to August 9, 2005 for a sum of $50 000. The banking official said a deposit for that amount was made in August 2005.

However, Whitelaw explained that based on the documents before the court she was not able to point to the individual $50 000 deposit but was able to show that it was part of a larger deposit of $223 716. 04 which was part of four cheques.

Under cross-examination by lead attorney Marlon Gordon who asked whether there had been cases of money “going off” people’s accounts that they could not account for, the banking official responded, “that’s true”.

But in re-examination by Davis, Whitelaw stated that “at no point in time has he come or anybody come to the bank to say that the transactions were not for the account of N. Leroy Lynch, so the transactions are deemed lawful and for the account of Mr Lynch”.

The prosecution has closed its case against Lynch. The matter is set to continue before the jury on Monday.

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Three non-nationals – two from the United States and one from Canada – have been slapped with a total of $150 000 in fines after admitting to importing marijuana into Barbados last weekend.

Malachi Telfair Wright, Joseph Zhi-Yang Chan and Ebraheem Bala Ceesay, all charged separately, also pleaded guilty to trafficking and having possession of the illegal substance with intent to supply.

They were fined for their crimes on Monday when they appeared before Magistrate Elwood Watts, who presides over the St Matthias Magistrates’ Court, after being held on arrival at the Grantley Adams International Airport on March 12.

When 20-yar-old Wright of Orange County, Florida, United States arrived from New York and his luggage was searched, officers discovered 34 transparent plastic-wrapped packages containing vegetable matter. The contraband weighed 18.80 kilogrammes, with an estimated street value of $150 400.

After hearing the facts of the matter from Sergeant Victoria Taitt and submissions on mitigation from Wright’s attorney Harry Husbands, Magistrate Watts imposed a $60 000 forthwith fine on the accused on the importation charge and convicted, reprimanded and discharged him on the others. Failure to pay the fine would see Watts serving the alternative of 24 months in prison.

He was remanded to reappear before Magistrate Watts on March 29.

Chan, a drug trafficker from 33 Grove Hill Drive, Toronto, Canada, was found with packages of cannabis wrapped in a bedsheet as well as 25 taped packages in his luggage. The drugs weighed 13. 85 kilogrammes and had an estimated street value of $110 800.

The 30-year-old man, who was represented by attorney-at-law Angella Mitchell-Gittens, was slapped with a $40 000 forthwith fine or the alternative of 24 months in prison for the drug importation.

On the other charges, he was convicted, reprimanded and discharged. Chan was also remanded to reappear before the court on March 18.

Cannabis weighing 16. 20 kilogrammes and having a street value of about $129 600 was found in 33 vacuum-sealed packages in the suitcase of 20-year-old Ceesay of Prince George County, Maryland, United States.

For importing the drugs, he was fined an immediate sum of $50 000 with the alternative sentence of 24 months in prison.

Ceesay, who was represented by attorney -at-law Harry Husbands, was also convicted, reprimanded and discharged on the other offences and will reappear before the court on March 29.

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He went into the People’s Market to buy a beer but instead walked out with a block of cheese, which was not paid for, in his pocket.

Now, 67-year-old Tyrone Althebert Graham, of Fairfield, Tudor Bridge, St Michael must be on his best behaviour for the next 12 months if he wants to avoid having to spend three months in prison.

Magistrate Kim Butcher imposed the bond to keep the peace and be of good behaviour on Graham on Tuesday, after he pleaded guilty to stealing the piece of cheese worth $8.78 on March 12.

Constable Ralph Rollock told the District ‘A’ Magistrates’ Court that the supervisor of the establishment was monitoring the floor on the day when Graham was observed entering and taking up cheese from the freezer. He later walked out of the supermarket without paying. When he was stopped, the item was found in his pants pocket.

Explaining his actions to the Magistrate, Graham said: “I know that I did wrong. I will pay a fine and get over it but it’s up to you. I just asking, I would love a fine.”

When asked by the judicial officer why he had taken up the item without paying, Graham responded: “I went to buy Deputy [beer], they didn’t have no Deputy. It was an accident.”

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A judge on Friday hit a gunman with one of the stiffest fines to date – $52 500 – as she warned that the court would not tolerate the possession of illegal firearms for “any reason whatsoever”.

“The court’s sentence must serve to deter members of society from acquiring illegal firearms for whatever reason,” Madam Justice Laurie-Ann Smith-Bovell said as she passed sentence on Airy Hill, St Joseph resident George Biscette who was involved in a shooting on November 6, 2016 that resulted in the death of 19-year-old Shaquone Maycock.

Biscette had previously been charged with murder but his attorney, Safiya Moore, in her submissions urged the judge not to take into consideration, when determining the sentence, “what use was made of the firearm because the State had not proceeded with the charge that arose out of the use of the firearm”.

The first-time offender had pleaded guilty to possession of a total of 17 rounds of ammunition and a .45 semiautomatic pistol. Ten bullets were found on November 6, 2016 and the other seven the following day along with the gun.

The maximum fine of $50 000 was imposed as a starting sentence. But deductions were made after the judge considered all the circumstances of the case, the aggravating and mitigating factors, Biscette’s positive pre-sentencing report, his early guilty plea and the time he had spent on remand.

For the possession of the seven rounds of ammunition, Biscette was ordered to pay $6 250. The sum of $1 250 had to be paid forthwith and the balance of $5 000 is to be paid in six months.

On the gun charge he was fined $40 000, $20 000 of which had to be paid immediately and the balance due to be settled in ten months.

For having ten rounds of ammunition he was fined another $6 250 with a forthwith payment of $1 250 and the balance of $5 000 payable in six months.

If he fails to pay the amounts he will spend the remaining three years, 177 days in jail. The prison sentence came from the starting point of nine years.

Justice Smith-Bovell explained that the mitigating factors slightly outweighed the aggravating factors and, therefore, the sentence was reduced by one year, bringing it to eight years. A further one-third discount was also given for his guilty plea and the 674 days he had already spent on remand was also credited.

The illegal weapon and ammunition were discovered when police executed a search warrant at Biscette’s residence on November 6.

The ten rounds of ammunition were found on his dining room table. He was taken into police custody and waived his rights to an attorney. On being questioned, he told police he was involved in an altercation with another man, “so I purchased the ammunition to protect myself and my family”.

In a statement, he had said he placed the ammunition on the table while he was being shot at inside his house.

Questioned by police the following day, he said: “I sorry. I was thinking about it. Let me go and give you that gun.”

Officers returned to Biscette’s residence and he directed them to the rear of his house. He went through his back gate and into a bushy, grassy area where he moved aside some grass and pointed to a blue jacket containing the gun and a magazine with the bullets.

In handing down the sentence, Justice Smith-Bovell outlined the aggravating and mitigating factors of the offence.

Among the aggravating factors, she said, was the fact that the gun was capable of firing a number of rounds of ammunition in quick succession. This, she added, was confirmed in the accused’s statement in which he indicated he had discharged eight rounds of ammunition at a perceived threat.

The judge added that it was a deliberate act on Biscette’s part to acquire and keep the gun and ammo.

“The convicted man did use the firearm, albeit in circumstances where he had to defend himself and his family, and this resulted in the death of an individual,” she said adding that going in his favour were that he fully cooperated with the police, pleaded guilty at the earliest opportunity, had no previous convictions, genuinely expressed remorse, and had a positive pre-sentencing report, as well as the fact that he is employed.

Justice Smith-Bovell explained that “there is no right to bear arms” and “we have all seen the loss of life that these illegal firearms have caused as in this case, despite the circumstances”.

“Through my sentencing, the message must be sent to the public that they are not to be in possession of illegal firearms for any reason whatsoever. What transpired on that evening between the accused and others was as a result of all the parties being in possession of illegal firearms and would not have transpired but for them having illegal guns,” she said.

“That is what the court is concerned with stamping out and of which it must send a serious message to all the members of the public. The court’s sentence must serve to deter members of society from acquiring illegal firearms for whatever reason.”

Crown counsel Kevin Forde prosecuted the case.

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A 25-year-old man accused of stealing a boat engine was granted $7,000 bail and ordered to reappear before the District ‘A’ Magistrates’ Court on August 19.

Shamar Corey Alleyne, of 3rd Avenue Chapman Lane, St Michael, is accused of robbing Tremayne Ramsay of a boat engine valued at $8,000 on February 25.

He is further alleged to have threatened unlawful violence towards Ramsay, and his conduct was such that caused another person present at the scene to fear for safety.

No pleas were taken from the accused who is represented by attorney-at-law Angella Mitchell Gittens.

After hearing arguments from Police Constable Ralph Rollock and the defence attorney on the issue of bail, Magistrate Kim Butcher granted Alleyne bail with one surety, but with conditions.

She ordered him to report to Central Police Station every Monday by 10 a.m. with valid identification, and also to stay away from Ramsay.

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Alvin Austin Fields is now serving a six-month sentence at Dodds Prison for stealing crops from a farm on several occasions this month.

Magistrate Elwood Watts imposed the sentence on the 63-year-old from Fairy Valley, Christ Church when he appeared before the St Matthias Magistrates’ Court this week.

Fields admitted to stealing 70 ears of corn valued $175 and 15 pounds of peppers worth $30, from a cornfield belonging to Jeffrey Nurse, at Gibbons Boggs, Christ Church, between February 28 and March 7.

For that offence, he was sentenced to six months in prison.

Sometime between March 8 and 9, he stole 25 ears of corn worth $62.50 from the same field. He was convicted, reprimanded and discharged on that offence.

Fields also admitted that he stole six ears of corn worth $12 belonging to Egbert Maloney, between March 7 and 11, and was convicted, reprimanded and discharged on that charge as well.

Prosecutor Sergeant Victoria Taitt told the court that Maloney cultivates various crops at Wilcox Hill, Christ Church. The farmer discovered on March 11 that his crop was missing.

Before Magistrate Watts sentenced Fields, his conviction card showed that he had seven prior convictions, including wounding, burglary, possession of cannabis and theft.

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Former Attorney General Adriel Brathwaite has gone to the Court of Appeal, asking it to set aside the entire ruling of High Court Justice Cicely Chase who earlier this month gave the go ahead for the Senate to meet and to do business.

The March 14 decision of Justice Chase dealt a blow to Brathwaite’s contention that the Upper Chamber doesn’t have the required numbers to be properly constituted.

In a 13-page notice of appeal lodged on Monday through Brathwaite’s lead attorney Garth Patterson Q.C., the court is being asked to stay the proceedings in the High Court, pending the hearing and determination of the appeal.

If this request is granted, it could mean the suspension of the Upper Chamber while the appeal is being heard.

Today however, Attorney General Dale Marshall, who is the respondent in the case, said that Government was ready to fight the appeal, but had no intention of suspending the business of the Senate because a challenge to the High Court decision had been filed.

Patterson filed the notice of appeal against Justice Chase’s ruling, which, among other things, dismissed the appellant’s argument that the Senate is not properly constituted under Section 36 of the Constitution of Barbados.

The judge had also rejected his claim that it was necessary to appoint 21 Senators before the Upper Chamber could be properly constituted.

The Madam Justice also ruled that President, The Most Honourable Dame Sandra Mason, had the power to, and did properly convene Parliament with 18 Senators; that she was under no duty to appoint 21 Senators before convening Parliament, and that a Senate consisting of 18 members may pass legislation amending the Constitution.

But the appellant has submitted 12 grounds with 26 subsections to try to convince the Appellate Judges that Justice Chase erred in her whole ruling.

The former Attorney General is contending that going on the contents of Section 36 of the Constitution of Barbados, a Senate was not properly constituted until 21 persons had been appointed as Senators by the President.

The applicant is also insisting that after the dissolution of Parliament, no new Senate comes into existence until 21 Senators are appointed in accordance with Section 36 of the Constitution.

“The learned judge erred in law in deciding that a Parliament and, by extension the Senate, does not cease to exist after a Parliament is dissolved; and/or a Parliament cannot be validly constituted unless each of its constituent bodies is properly constituted,” Brathwaite stated in another ground.

The former AG also wants the Court of Appeal to order the Government to pay all his costs incurred during the proceedings in the High Court as well as in the upcoming appeal.

The applicant is also urging the Court to make an order that the appeal be heard expeditiously and that time be shortened as necessary to facilitate a speedy hearing.

“We will of course be resisting the appeal and our legal team has been on stand-by to begin work on this next stage of the case. They would only have been waiting to have the Notice of Appeal served on them and this has happened,” Attorney General Marshall told Barbados TODAY.

“The Senate has been meeting and will continue to meet to do the work for, and on behalf of the people of Barbados. There is no sense in which we will allow the fact that an appeal has been filed to stymie the work of government,“ the AG declared.

Meanwhile, the government has filled its last remaining Senate vacancy with the naming of well-known attorney-at-law Gregory Nicholls, who was sworn in this morning at State House by President Dame Sandra Mason.

Nicholls took the spot previously earmarked for teenage nominee Khaleel Kothdiwala who was unable to take up a place in the Senate without a change to the Constitution to amend the age stipulation. Prime Minister Mia Mottley withdrew the proposed amendment to the Constitution when it was indicated that the measure would not be supported by enough Independent senators to make up the required two-thirds vote in the Upper Chamber.

President Dame Sandra is likely to name the final two independent senators later this week to complete the full slate of senators in this current parliament.

In a separate statement earlier today, former AG Brathwaite said while he was “heartened” by the courage of the five independent senators who spoke up against the “undemocratic overreach” of the Government by resisting an attempt to once more implement major constitutional amendments to entrenched provisions “without consultation with citizen stakeholders”, there is much more work to be done.

He added: “It is vital that this unnecessary constitutional crisis, one created by the Prime Minister of this country should never again be repeated.

“The question whether the Senate is properly constituted with less than 21 senators remains unsettled, despite the ruling of the High Court and despite the signals sent by the Government that the remaining senators will soon be appointed,” Brathwaite stated.

He said that these are matters for which there is an urgent call for certainty, which will only come when the highest court, the Caribbean Court of Justice, adjudicates on them.
emmanueljoseph@barbadostoday.bb

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Four more people appeared before the District ‘A’ Magistrates’ Court on Monday, charged in connection with an incident involving police officers which occurred at Chapman Lane, St Michael.

Three of the accused, Latoya Kimishia Carrington, 45; Tyesha Aziza Prescod, 23 and Nijeri Achacky Callender, 22, all of Murphy’s Pasture, Chapman Lane were granted $3 000 bail each with conditions while Shamar Ricardo James, of the same address, was remanded to Dodds until April 14.

The accused are represented by attorneyat-law Shadia Simpson.

James is charged that on March 11 he did incite Shakel Rouse to commit the offence of serious bodily harm.

He pleaded not guilty to the charge before Magistrate Kim Butcher following which Sergeant Shane Chase objected to bail.

The prosecuting sergeant submitted that the accused had prior convictions, was already on bail from three other courts and that there were fears that he would reoffend.

“These matters are not to be taken lightly,” said the sergeant who also pointed to the need to protect society.

In her application for bail however Simpson pointed out that her client was charged from similar circumstances as seven other persons, one of whom has antecedents and had been granted bail.

The defence conceded that while James had antecedents none was of a similar nature, nor was there any violent offences in the matters which dated back to 2005.

“None demonstrates a propensity to commit such an offence,” said Simpson who further argued that an accused was innocent until proven guilty under law.

She stated that the charge before the court was a mere allegation at this time as a propensity to reoffend came by way of conviction “not an allegation”.

Simpson urged the court to take into consideration that there was no evidence that her client would abscond if granted bail as he has matters pending for which he presents himself to court whenever required.

The defence attorney said that the nature and seriousness of the offence was not enough on its own as an automatic bar against bail adding that James should not be held to a “higher standard” than the principal offenders also connected to the matter as he is only facing an incitement charge.
James, she said, was a fit candidate for bail, was gainfully employed and was willing to adhere to any bail conditions imposed by the court.

Magistrate Butcher ruled against the application.

Carrington meanwhile pleaded not guilty to assaulting and obstructing Sergeant Terry Pierre in the execution of his duty on March 11. As part of her bail she must report to Central Police Station every Wednesday by 9 a.m. with valid identification.
Prescod and Callender are facing similar charges.

They are accused of assaulting and obstructing Police Constable Melissa Thomas in the execution of her duties, also on March 11.
The accused women are further alleged to have damaged a chain, a pendant, a pair of earrings and a pair of contact lens belonging to Thomas without lawful authority or were reckless as to whether such property would be damaged.

The two pleaded not guilty to the charges.

As part of their bail they too must report to Central Police Station but on every Tuesday before noon.

The three accused are scheduled to reappear before the District ‘A’ Magistrates’ Court on September 9.

Last week four other persons including a 15-year-old female appeared in court in connection with the same incident and were granted bail.

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