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Witness in murder case recalls message from fiance telling her he got shot

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When Sharon Boyce’s fiance Jason Husbands told her to finish cooking the food he had started because he was going to do a job and “come right back”, she did not expect it would be the last time she would hear his voice.

However, the next contact she received from him was a text message saying he had been shot, before he died on a road next to his vehicle in Lamberts, St Lucy.

That was part of Boyce’s tearful testimony as she appeared as a state witness in the trial against Kason Kemar Edwards of Gays, St Peter, who is accused of her partner’s August 21, 2012 shooting death.

Appearing in the No. 2 Supreme Court, she told the 12-member jury that her fiance, who worked as an appliance technician at Courts, had left their Mount Brevitor, St Peter home, to do a job in Cave Hill, St Lucy in the afternoon on the mentioned date.

She recalled later in the day that a message had come through from Husbands’ phone: “I just get shoot. I feel like I going dead.”

Boyce said she sent several messages in response as her phone had no credit to call, but while they were delivered, none was read.

She then got into contact with Husbands’ father who went to the police station and then to Lamberts. However, she did not go to the scene.

“I couldn’t,” she explained. “He was dead.”

It was two years later, on June 21, 2014, that Boyce was called to the Speightstown Police Station to identify a red toolbox that allegedly belonged to her late fiance. She had bought it the year before he died to replace an old one.

Boyce stated that most of the tools were missing from the toolbox but she was able to identify the items as belonging to Husbands.

She said the accused was present at the time and she recalled him saying, “That is the toolbox I took from the man I shoot in Lamberts, and I am sorry for what I put you through, lady.”

During his cross-examination, Edwards’ attorney, Marlon Gordon, asked Boyce whether she had told the police that the toolbox looked similar to the one she bought for Husbands.

“I cannot recall, Sir,” she responded. This was also her reply when asked if there were similar toolboxes for sale at the store the day she purchased it.

Other witnesses, Evelyn Hinds, Eversley Wharton and Anwar Springer, told the court that on the day of the incident, they had seen stones on the Lamberts road on which Husbands was killed.

Wharton told the court that when he and Hinds came across the rocks earlier that evening, they had both gotten out and thrown them into the gully before getting back in Hinds’ vehicle and going to the police station to report what happened.

Springer, who was in the area after 3 p.m. as a passenger in a motor vehicle, said he saw a van in the road with a man lying next to it, and they couldn’t pass. He said they turned around and were met by a police officer.

Another witness, Jason Johnson, testified that on his way home with relatives in his car, they came across the van. He approached it on foot and could hear the engine running. He said he saw a man lying on the ground and thought there had been an accident but he did not get close. Johnson called the police to report the incident and went home, but later walked back to the scene where he saw other people.

According to Deputy Director of Public Prosecutions Alliston Seale SC, it is the prosecution’s case that when Husbands was on his way home, he came across the rocks in the road, and when he got out of his vehicle to move them, he was fatally shot by Edwards.

Forensic scientist Marsha Skeete and family medicine expert Dr Jasmine Crump also gave evidence.

The trial continues on Tuesday.

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Accused told police he knew nothing about burglary but gave ride to four men

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One of the men accused in the 2018 aggravated burglary at a restaurant told the police that while he gave four men a ride to and from a spot near the establishment, he had not been privy to any of their plans.

Jabarry Stefan Roach and Kemaro O’Neil Harris both of Block 4H, Rock Close, Wildey, St Michael and Pierre Ramon Belle of Block 6G, Field Road, also in Wildey, are accused of entering Chutney’s and RB’s Rotisserie on July 20, 2018, and stealing $4 942.10 belonging to ESC Incorporated; a $ 2 000 cell phone and $30 case belonging to Persuadia Powlett; and a $1 200 cell phone belonging to D’Andrea Burrowes. It is alleged that they had a firearm, knife, and a box cutter at the time.

Giving evidence in the No. 5 Supreme Court before a nine-member jury, Station Sergeant Sinclair Phillips, the lead investigator in Belle’s case, read from the November 29, 2021 statement of the then 27-year-old accused, who told the police, “I didn’t know where dem was going when I give dem de drop.”

Belle recalled going to Brittons Hill, St Michael and when he was heading back home, someone the witness referred to as ‘Z’ flagged him down and asked for a drop to Flagstaff to “check a little scene”. After Belle agreed, ‘Z’ got in the front seat and three other men got in the back.

He put them off by a gap near the old brewery, and ‘Z’ said, “you might got to come back for me’”. Belle drove off and went back on the block before going over by his girlfriend and 25 minutes later, received a call from ‘X’, telling him  “‘Z’ say to pick him back up”. After he did so, while driving towards the past Sanitation [Service Authority], he heard one of the men in the back seat say, ‘That was an easy bread. That was a walk in the park.’ He dropped them off and went home. The next morning, he heard that the restaurant had been robbed and asked ‘X’ about it, but he only “skin he mout”.

“Nobody tell me nothing about this robbery. Them ain’t give me nothing out of what they get,” Belle told police.

He said he only knew ‘Z’ and had never seen the other men before but would be able to recognise two of them.

Sergeant Phillips testified that after giving the statement, he directed the police to Ifill Road in Flagstaff, St Michael, and showed them where he dropped off and picked up the men.

During cross-examination by Belle’s attorney Shadia Simpson, the officer testified that Belle had walked into the police station of his own will and made the statement. He also said none of the weapons recovered were found at the accused’s home.

Earlier in the proceedings, Sergeant Troy Waithe told the court that while the police had watched the video of the incident at the establishment, no copies had been made as there were no identifying features that could be used to place the robbers since all wore masks.

Principal State Counsel Olivia Davis and State Counsel Eleazar Williams are prosecuting while attorneys Kevin Miller and Corey Beckles are representing Harris and Roach, respectively.

The trial resumes on Tuesday, December 5, 2023.

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$20 000 in fines for gunman

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Rashon Tyrell Raheem Burke has been slapped with $20 000 in fines for having a gun and ammunition.

When the 23-year-old resident of Fairy Valley, Christ Church appeared in the No. 3 Supreme Court on Friday, Justice Carlisle Greaves ruled that he pay $15 000 forthwith for having a .22 pistol on November 4, 2021, or be imprisoned for four years, five months.

He was also fined $5 000 for five rounds of ammunition, $2 000 of which was to be paid immediately, with the balance due in three months. The alternative was four years in prison.

Prosecutor State Counsel Treann Knight told the court that police executed a warrant at Burke’s home around 3:05 a.m. on the date mentioned, and he was found sleeping in his bedroom. During the search, they discovered a haversack between the bed and a playpen, and that bag contained one firearm.

Burke told officers the gun was not his.

“Someone gave me the bag. I didn’t know the gun was in the bag. I went and borrow the bag to go to work the same morning wunna come for me,” he said, telling the officers that he had gotten it from a “friend”.

Knight noted that the mitigating factors, including the gun being recovered and the lack of evidence that it had been used in a crime, outweighed the aggravating factor, which was that the firearm was in working order. Regarding the offender, Knight considered Burke’s early guilty plea, the time spent on remand, and that while he had six previous convictions, none was similar to this one.

The prosecutor submitted that an appropriate sentence would be a $15 000 forthwith fine for the firearm and $5 000 for the ammo, payable in three months, with the alternative of four years and five months in prison.

Telling Burke that he now had eight convictions to his name, Justice Greaves warned the convicted man not to return to court.

“Young man, I giving you a chance, use it wisely. I bent over backwards to try not to lock you up. Stop causing your father so much pain,” he added.

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#BTColumn – Climate Change realities at COP28: A critical assessment

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Disclaimer: The views and opinions expressed by the author(s) do not represent the official position of Barbados TODAY.

By Sir Ronald Sanders

The upcoming Climate Change meeting in Dubai – COP28 – is enveloped in hype, yet expectations of transformational change are misplaced.

Industrialised countries, major greenhouse gas emitters, along with developing oil and gas producers like India and Saudi Arabia, often offer misleading statements. Countries like Canada and the European Union, despite their vocal commitment to climate change, frequently fall short in fulfilling their pledges.

That, regrettably, is the way of the world. This status quo, particularly among rich nations, will continue as they get richer, protecting fossil fuel producers and disadvantaging developing countries, especially small island states, even as the latter countries suffer the worst climate change effects.

The economic divide between developed and developing countries has been further exacerbated since the 2020 global COVID-19 pandemic and the Russia-Ukraine war. In the US and the EU, for instance, we’ve seen a significant rise in workers’ real wages. Reports indicate that in the US, average weekly earnings have notably increased since 2019, and in the EU, federal government employees in Germany are expecting wage hikes of up to 16.9 per cent next year.

This economic growth in developed regions, however, often comes at a cost to developing countries. It’s driven not only by internal policy but also by exerting control over international markets and financial institutions. The US and the EU, by protecting their agro-industrial sectors and imposing unequal trade agreements, gain access to markets in developing countries. Moreover, their dominance in institutions like the IMF and World Bank results in conditional financing for developing nations, impeding their ability to enhance production capacities and competitiveness. This economic strategy not only widens the wealth gap but also contributes significantly to climate change, as the agro-industrial systems of the US and the EU are among its largest contributors.

Additionally, the oil and gas companies exert considerable political power in the US, the EU, and Canada, influencing policies through various means. These companies resist measures like carbon taxes to minimise their tax burdens, thereby expanding fossil fuel production, multiplying their profits, and worsening climate change.

COP28’s propaganda will portray promises as progress, despite little action to mitigate the impacts on developing countries. Tellingly, the U.N. Intergovernmental Panel on Climate Change (IPCC) found that the world is likely to surpass the 1.5 degrees Celsius warming limit by the early 2030s, leading to extreme, unadaptable climate disasters and fundamentally altering the Earth system. Heatwaves, famines, and diseases could claim millions more lives by the end of the century.

Thus, the real task at COP28, beyond mere “stocktaking,” is to establish legally binding rules for significant carbon emission reductions. Unfortunately, this is unlikely. Industrialised nations and fossil fuel-dependent countries, including coal producers, won’t agree to binding commitments. Talk, promises, and pledges are easy and cheap.

The loss and damage fund, a critical topic at COP28, is shrouded in misinformation. Advocates from small island states have tirelessly championed this fund, facing significant challenges. Their struggle is evident when considering the power dynamics of past COP meetings. For instance, wealthier countries like China can send a large delegation, such as the 233 delegates at COP15, vastly outnumbering representatives from smaller nations like Haiti and Chad, who could only send seven and three delegates, respectively.

Moreover, the influence of fossil fuel companies cannot be overlooked. These companies unite to exert considerable sway over the negotiations, deploying numerous lobbyists and even distributing briefing papers to support their positions.

Alliances, like the Association of Small Island States, lack the numbers or expertise to negotiate effectively across multiple simultaneous committees. African, Caribbean, and Pacific countries might have better chances if they coordinate mechanisms and share negotiation responsibilities, but they don’t.

At COP27, after years of advocacy, the concept of establishing a loss and damage fund was agreed upon but its activation was delayed awaiting “recommendations” from a “transition” committee dominated by industrialised nations. Five meetings, including a hurried one in November 2023, were held to reach a grudging consensus on the Committee’s recommendations for COP28, where nations are said to have agreed its terms on the first day of the meeting, but delivery is yet to be judged.

One reluctant recommendation is that the World Bank, distrusted by developing countries due to its policies largely set by the US and the EU, should run the fund. An African NGO, Power Shift Africa, declared the initial funding pledges “clearly inadequate” and the US pledge “embarrassing.”  Of the $429 million pledged, the EU promised $245 million, the UK $75 million, and the US $10 million.

Therefore, while hoping for an adequate and effective loss and damage fund, especially for small island states, I remain cautious.

The world is likely to surpass the 1.5 degrees target by the early 2030s, leading to extreme climate disasters beyond adaptation. The Washington Post found that countries are underreporting their greenhouse gas emissions, likely 16 to 23 per cent higher than reported. Clearly, relying on inadequate funds in a loss and damage fund is unrealistic. The funds simply will not match the pace of damage and losses that continue to be inflicted.

Without radical change, matters will worsen. The UN Secretary-General has called for the phasing out of coal, oil, and gas, responsible for over three-quarters of global emissions, but there’s little sign of this happening. Developing countries’ best hope lies in applying collective pressure to push for action.

The world has the scientific knowledge and resources to curb climate change; the damage can’t be fully reversed but it can be halted, if the industrialised countries apply the necessary political will. However, developing countries should not expect industrialised countries to act without pressure. It is up to the developing countries to build such pressure. They should pool resources to develop and deploy joint strategies to cause industrialised nations to act.

The Alliance for Small Island States should begin the work to create such a platform for cooperation.

Sir Ronald Sanders is Antigua and Barbuda’s Ambassador to the United States and the Organisation of American States. The views expressed are entirely his own.

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‘Ninja Man’ charged with stealing artefacts from Parliament museum

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Street character Anthony Fitzpatrick Lynch, more popularly known as Ninja Man, has been charged with stealing over $100 000 in historical artefacts from the Museum of Parliament.

Appearing in the District ‘A’ Magistrates Court before Magistrate Manila Renee, the 69-year-old of no place of abode is accused of entering the museum as a trespasser between September 30 and October 11, 2023, and stealing property belonging to the state namely one briefcase valued at $500, two armorial badges valued at $13 200, a pistol and cutlass valued at $30 000, one cutlass valued at $250, one jacket valued at $10 000, one bow tie valued at $4 000, one cumberbund valued at $6 000, one pair of boots valued at $20 000, one cup valued at $4 000, one conch shell valued at $150, one pipe valued at $8 000, one rebate plane valued at $200, three hand drills valued at $600, and one awl valued at $200. The total value of those items was $97 100.

Lynch is also accused of stealing one belt buckle valued at $5 000 from the museum between October 14 and 16, 2023.

He was not required to plead to the indictable offences and was remanded to Dodds Prisons. He returns to court on December 21, 2023.

The artefacts were found missing after two members of staff reported that they went to the museum to recover a ballot box and realised there had been a break-in.

Among the missing objects were articles of clothing worn by the island’s first Prime Minister Errol Walton Barrow on the night Barbados became independent, along with some of the possessions of two other national heroes, Sir Grantley Adams and Samuel Jackman Prescod. (JB/EJ)

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Waterman admits to assaulting man over damaged tool

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A 22-year-old St Michael man has pleaded guilty to assault but is awaiting sentencing.

Jaydon Brandon Lee Waterman of Black Rock Main Road admitted to assaulting Vidja Daniels, occasioning him actual bodily harm, on July 19, 2023.

When Waterman appeared before Magistrate Alison Burke in the District ‘A’ Traffic Court on Monday, the court heard that Daniels had borrowed a Stihl angle grinder from the accused which stopped working after he returned it. Daniels gave Waterman $150 for it but the accused continued complaining about the tool.

On the mentioned date, the complainant was walking along Black Rock Main Road with a friend when he was struck in the back of the head several times with a piece of wood by the accused. He reported the matter to the police and sought medical attention.

Waterman was subsequently arrested and charged.

Granting Waterman personal bail of $1 000, Magistrate Burke requested a medical report and adjourned the matter until December 11, 2023.

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Edwards charged for having stolen property

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When Mark Anderson Edwards gave $225 to a man for a weed whacker last month, he thought it was a legitimate buy.

However, that purchase landed him before Magistrate Alison Burke in the District ‘A’ Traffic Court on Monday to answer a charge of receiving stolen goods.

The 49-year-old of Bartletts Tenantry, Sargeants Village, Christ Church was charged that on November 30, 2023, he assisted in the retention of one weed whacker valued at $1 037, belonging to the Caribbean Agricultural Research and Development Institute, knowing or believing the same to be stolen goods.

He told the court he was “guilty with explanation”.

Court prosecutor Constable Ralph Rollock said that acting on a report, police went to the house of the accused and he showed them the cellar where the whacker was stored. He told the police that he had purchased it from a man who said he had gotten the tool from his father.

Noting that Edwards’ last conviction was in 1993, Magistrate Burke placed him on a three-month bond to keep the peace.

If breached, he will have to pay a $500 fine forthwith or be imprisoned for two weeks.

“He has kept himself out of trouble for 30 years. Please continue to do so,” the magistrate told Edwards, who was represented by attorney Brent Chandler.

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Man admits to charges after gun, ammo found under oven

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It was not “pie, lamb and chicken” found in Rikko Antonio Brewster’s oven four years ago, but a firearm and ammunition.

The 1st Avenue Chapman Lane resident pleaded guilty in the No. 2 Supreme Court on Monday to possession of a .40 semi-automatic pistol and nine rounds of ammunition on October 22, 2019.

State Counsel Dr Zoe King outlined that in moving on information received, police executed a search warrant at the property of Brewster’s mother around 4.30 a.m. After the police informed her of their purpose, she directed them to the structure her son had built and lived in behind her home. Police officers announced their presence and, after hearing movement in the building but receiving no response, prised open the door with a crowbar and entered and saw the accused.

During their search, one of the officers spotted a light in the stove and pulled out a pan under the oven and discovered a black and silver Smith and Wesson firearm and ammunition.

When they showed Brewster the gun, he responded, “I don’t believe that in dey. I does use that stove to cook for my children. I buy that stove two months ago from the metal dump.”

Questioned about the ammunition, he said, “I don’t know nothing about them. I does use that stove to do pie, lamb and chicken.”

Appearing before Justice Randall Worrell, the convicted man, who is represented by Senior Counsel Angella Mitchell-Gittens, apologised to the court, saying he was trying to be a better man for his children.

The judge adjourned the matter until January 25, 2024, and requested a pre-sentencing report.

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$300 fine for obstructing policeman

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An unemployed woman has to pay the court $300 in four weeks or face two months in prison for obstructing a police officer who was carrying out his job.

When she appeared before Magistrate Alison Burke in the District A Traffic Court, Nicole Odessa Blackman, 49, of Block 5H Neptune Road, Deacons Road, St Michael, pleaded guilty to obstructing Police Constable Allan Riley in the execution of his duty on December 3, 2023.

The prosecutor informed the court that on that day, police were on duty in the Deacons Road neighbourhood conducting investigations into a matter, and as they were questioning a suspect, Blackman intervened and demanded they release the man.

After she refused to comply with the officers’ order to remove herself from the scene, she was arrested and charged.

Blackman said, however, that she asked one question to the police and she was pushed and arrested.

Pointing out that Blackman had four previous convictions, three of which were similar, Magistrate Burke advised her not to place herself in a situation like that again.

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14-year sentence… But Husbands has just about half that time left behind bars for killing ‘Papa T’

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Runako Lee Omar Husbands has been sentenced to 14 years behind bars for taking Terrence Papa T Phillips’ life 12 years ago.

However, after several deductions were made, including the 1 021 days he had spent on remand and the delay in the matter going to trial, he will spend just over seven years in Dodds Prison.

Justice Randall Worrell handed down the judgement on the No. 1 Chapel Gap, Paynes Bay, St James resident, in the No. 2 Supreme Court on Tuesday.

Husbands had been charged with murder in Phillips’ shooting death but in March this year, a jury found him guilty of the lesser charge of manslaughter.

Phillips died as a result of hemorrhagic shock caused by a gunshot wound to the chest on August 12, 2011.

During the trial, Husbands said it was never his intention to harm Phillips, only defend himself.

In a prepared statement to the court, he said: “The gun went off when we were struggling for Papa T’s gun. I did not have a gun on that day. I did not intend to shoot or harm him. I was frightened and trying to protect myself.”

In delivering sentence on Tuesday, Justice Worrell said that the guidelines for the starting point for manslaughter, where the aggravating circumstances of the offence outweighed the mitigating circumstances, was between 10 to 15 years. He said the court could not forget that a firearm was used, and therefore gave his starting point as 14 years, which was reduced by another year due to the jury’s decision not to find him guilty of murder.

Justice Worrell also outlined several mitigating factors that were taken into consideration, including Husbands’ age at the time of the incident, his remorse, his positive presentence report and that he was well-spoken of within his community. The sentence was reduced to 12 years.

Taking into account the nine-and-a-half-year delay in the case being heard in the High Court, the judge gave a further deduction of 755 days and then discounted the almost three years Husbands spent in custody.

“By my calculations, 2 604 days are the days which remain, so from today’s date, Mr Husbands will be the court’s sentence. In addition to the sentence, we indicate that you undergo a period of anger management at the prison,” Justice Worrell stated.

Husbands was represented by Senior Counsel Angella Mitchell-Gittens and Kristen Vanderpool, while Acting Principal State Counsel Oliver Thomas and State Counsel Anastacia McMeo prosecuted the matter.

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Woman denies stealing from Dollarwise

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Taria Natania Sakkara Hinds has been placed on $2 000 bail after being charged with stealing from a Bridgetown store.

Appearing before Magistrate Alison Burke in the District ‘A’ Traffic Court, the 21-year-old of Block 3B Barbarees Hill, St Michael denied that between October 26 and November 3, 2023, she stole $708.50 belonging to Dollarwise, Bridge Street Mall.

The matter was adjourned until May 7, 2024.

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Theft, money laundering trial begins

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The trial against a woman accused of stealing over $49 000 from Channell Enterprises Limited and laundering it began Tuesday in Supreme Court No. 4A before a nine-member jury.

Valerie Natasha Wiltshire of Valley Land, St George has pleaded not guilty to stealing $27 393.90 between June 18, 2016, and July 2, 2016, and $21 876.55 between June 18, 2016 and July 9, 2016, belonging to Channell Enterprises Limited.

She was also charged with engaging in money laundering, in that she disposed of the sums which were the proceeds of theft.

During the morning’s proceedings, Sergeant Paula Brewster and Chief Executive Officer of Channell Enterprises Ronald Catyln testified.

Wiltshire is represented by attorney-at-law Harry Husbands, while Senior State Counsel Joyann Catwell is representing the State.

The matter is being presided over by Madam Justice Wanda Blair and will continue on Wednesday.

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Brathwaite pleads guilty to $23 000 burglary spree

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A 28-year-old man has admitted to carrying out a spate of burglaries at several businesses between April and November this year.

Tarelle Johnelle Tremaine Brathwaite of Bartletts Tenantry, Sargeants Village, Christ Church admitted to entering several establishments as a trespasser, between April 11 and October 22, 2023 – Back Yaad Restaurant, Mojo’s Bar and Restaurant, Lemongrass Express, Convenience Store Container, Sweet Tooth Studios, Carib Beach Bar, Caribbean Agricultural Research and Development Institute, Oasis Ventures Incorporated, and Hockey Federation – and stealing some alcoholic beverages, including rum, whiskey, beer, vodka, and brandy; and several electronic devices including laptops, cash registers and tablets. The total value of these items was over $23 000.

He also pleaded guilty to damaging the door and window of the Hockey Federation between July 15 and 18, 2023.

When he appeared in the District ‘A’ Traffic Court before Magistrate Alison Burke, Brathwaite was remanded to Dodds Prison until December 15, 2023, when the facts of each break-in will be read to the court before sentencing.

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Wanted: Enrico Dervent Carter

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The Barbados Police Service (TBPS) is seeking the assistance of the general public in locating Enrico Dervent Carter alias ‘Jeff ‘ or ‘Bale’ who is wanted for questioning in connection with serious criminal matters.

Carter, whose last known address is #3 Clapham Heights, St. Michael is approximately five feet, six inches (5’ 6”) in height, of a dark complexion, small protruding ears, broad nose and is medium built.

Enrico Dervent Carter, is advised that he can present himself to the Criminal Investigations Department at the Hastings/Worthings Police Station accompanied by an Attorney-at-Law of his choice.

Any person, who may know the whereabouts of Enrico Dervent Carter, is asked to contact the Criminal Investigations Department at the Hastings/Worthings Police Station at telephone numbers 430-7612 or 430-7614, Police Emergency at 211, Crime Stoppers at 1 800-8477 or the nearest police station.

Members of the public are also reminded that it is a serious offence to harbour or assist wanted persons; any person caught committing this offence can be prosecuted

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‘Family friend’

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The husband of the complainant in a rape case testified on Wednesday that he knew the accused for more than three decades and their discussions often centred around God and the Bible.

Giving evidence via Zoom, the man told the nine-member jury in the No. 4A Supreme Court that he had known the accused, Oliver Chesterfield Fields, for over 30 years before the alleged incident.

Fields, 71, of Edey Village, Christ Church, is charged with having sexual intercourse with a woman without her consent, knowing that she did not consent or was reckless as to whether she consented on September 28, 2020.

The witness testified that Fields took him to various locations to conduct “ministry”, and also often chauffeured him and his wife when they had to run errands.

“He told us God told him he must help us because we are not feeling well,” he added.

The man said that in June 2020, he asked the accused if he knew anyone who did tiling as their bathroom needed work, and Fields volunteered to do it as a gift, informing the couple that they only needed to buy the tiles and cement.

“When I asked him how much for the job, he said it would cost $800 but we did not have to pay him,” the witness recalled.

He said Fields started the job in the last week of August and would often work between 10 a.m. and 3 p.m. but would not come every day.

The husband testified that on the date of the alleged rape, he left home early to go to the credit union to pay a bill and returned around 11 a.m. He remembered Fields leaving soon after he got home but did not question it. He also said that his wife did not tell him at that point what had happened. “Later, I noticed (she) was in pain, and she went to the doctor,” he told the court, adding that it was only after this visit that she told him that Fields had raped her.

When asked by Senior State Counsel Joyann Catwell, who is prosecuting the matter along with State Counsel Maya Kellman, if his wife had later given a reason for not telling him what happened, he replied that she told him Fields warned her that he [the husband] would have a heart attack if she told him.

During the cross-examination by defence attorney Neville Reid and Kristin Vanderpool, the husband said he did not question Fields’ early departure on that day as the man had said he had to attend to “some business”.

The witness said he left home around 8 a.m. that day, and his wife had been in a good mood then. When he returned home, she did not say anything to Fields when he left their house.

Reid then questioned the witness about Fields giving the complainant a ride to see her grandson on October 7, 2020, and asked if she had arranged it. The husband said he had contacted Fields about it before informing his wife.

“Did she say she did not want to go?” Reid asked.

“No,” the witness replied.

Earlier in the proceedings, the complainant’s son and Dr Chaynie Williams also gave evidence.

Dr Williams read the findings of the now-deceased Dr Ross Herbert who had examined the woman on October 25, 2020, almost a month after the alleged incident. No obvious abnormalities were discovered.

After the state closed its case, Madam Justice Wanda Blair adjourned the matter until Friday.

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$2 000 cost for driving without licence, insurance

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A 21-year-old car park attendant has been hit with $2 000 in fines for driving without a licence and insurance.

Briarson Eurias Samuels of Gemswick, St Philip, pleaded guilty to driving a motor car along Bay Street, St Michael without a driver’s licence and car insurance on December 4, 2023. He also admitted to carrying an offensive weapon, a flick knife, without lawful authority or excuse on the same day.

The prosecutor in the District ‘A’ Traffic Court outlined that acting on information, police went on duty in the Bay Street area and saw Samuels driving a silver-grey Ford Laser. They stopped him and asked for his licence, and he replied that he did not have any. When they asked for insurance for the vehicle, he replied: “I buy it last week and I driving it on the woman’s papers”.

During the stop, Samuels was also searched and he admitted to the officers that he had a flick knife in his pants for “protection”.

Magistrate Alison Burke imposed a fine of $500 on him for  driving without a licence. That money is due in two weeks or else he will spend 25 days at Dodds Prison. With regards to driving with no insurance, Samuels was slapped with a $1 500 fine, to be paid in three months or he will be jailed for 150 days.

He received a reprimand and discharge for the weapon.

Samuels returns to court on December 19, 2023.

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Tasker can go back to lower appellate court to fight extradition

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The Caribbean Court of Justice (CCJ) has tossed former insurance executive Alex Tasker a lifeline in his bid to avoid extradition to the United States over his alleged involvement in the Donville Inniss money laundering scheme.

The Trinidad-based court on Thursday granted Tasker special leave to challenge his extradition to the United States on charges of money laundering and conspiracy to launder money in a case in which Inniss, a former minister in the Freundel Stuart administration, was convicted in a US court.

The five-member panel of CCJ judges reopened its previous decision to refuse special permission to appeal and gave the green light to Tasker’s second bid to challenge extradition.

The CCJ, Barbados’ final appeal court, ruled that the matter will have to be sent back to the Barbados Court of Appeal for that court to exercise its own discretion and to determine afresh, the best way to deal with Tasker’s attempt to challenge a magistrate’s extradition order.

The CCJ traced the history of the case before outlining how it came to its latest decision.

The regional tribunal, headed by Justice Adrian Saunders, recalled that in September 2021, the former senior vice president for business development and marketing with the Insurance Corporation of Barbados (ICBL) was committed by a magistrate to surrender to US federal authorities to face money laundering charges there. Immediately after the committal, the magistrate, under Section 19 of the Extradition Act, advised Tasker on how he could challenge the decision and the time limit for doing so, the justices noted.

They said the accused made a challenge under the wrong law, and it was not until after the time limit had expired, that he filed the correct application.

But the Court of Appeal dismissed his application because it was filed late. It also held that it had no jurisdiction to hear Tasker’s application for leave to appeal because it lacked the power to consider whether time should be extended, or whether an appeal filed under the wrong law but within time should carry any weight.

The CCJ noted that the alleged money launderer then approached the CCJ seeking special permission to appeal these decisions of the Court of Appeal.

In July, relying on the papers filed but without holding an oral hearing, the CCJ refused Tasker special permission to appeal the Court of Appeal’s decision, effectively ending his efforts to challenge the extradition order.

But he applied to the CCJ to reopen the case, asking the justices to reconsider their decision because he had not been given an oral hearing as he had expected and therefore had not made full submissions.

The application to re-open the case along with the application for special leave to appeal were heard in Barbados by the CCJ on October 16, during the regional court’s rounds of territorial sittings.

The justices declared: “The CCJ unanimously agreed with Mr Tasker’s attorneys that it was not made clear beforehand that the Court could and would proceed without an oral hearing. The CCJ therefore proceeded to give Mr Tasker an oral hearing of his application. Having heard both parties, the Court then decided that the Court of Appeal erred in concluding that it had no power to decide for itself whether to hear the application for leave to appeal.”

They also ruled that “it was open to the Court of Appeal, notwithstanding the late filing of the prescribed form, to determine whether this was a case in which the Court of Appeal should give effect to the right to a fair trial and facilitate access to justice”.

“Strict compliance with time limits, which must be upheld by courts, nonetheless, is subject to the constitutional right to a fair trial and a court does possess an exceptional jurisdiction to extend statutory time limits in those circumstances where strict compliance would operate to deprive a litigant of his right to a fair trial including his right to appeal,” according to Thursday’s ruling.

Justice Saunders was joined by Justices Winston Anderson, Maureen Rajnauth-Lee, Denys Barrow and Andrew Burgess in the ruling.

Senior counsellors Douglas Mendes and Andrew Pilgrim were joined by Clay Hackett in representing Tasker. Alliston Seale, Deputy Director of Public Prosecutions and Senior State Counsel Oliver Thomas appeared for the State.

emmanueljoseph@barbadostoday.bb

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Jordan denies wounding man

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Henry Depeiza Jordan has pleaded not guilty to a wounding charge.

Appearing before Magistrate Alison Burke in the District ‘A’ Traffic Court, the 59-year-old resident of 8th Avenue New Orleans, St Michael denied that on December 3, 2023, he unlawfully and maliciously wounded Colin Towler.

Jordan, who is represented by attorney Amoy Gilding-Bourne, was placed on $5 000 bail and warned to stay away from the virtual complainant.

The matter was adjourned to June 11, 2024.

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Duo sentenced to time served for gun, ammo, drug offences

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Two men who pleaded guilty to a 14-court indictment related to firearms, ammunition and drugs were sentenced to time served for the March 20, 2018 matter.

Grantley Dolar Babb, 66, of Lower Burney, St Michael and Stacey Terrence Richards, 46, of Kingsland, Christ Church, had pleaded guilty to having 23 rounds of 9mm ammunition, three .40 semi-automatic pistols, one .45 semi-automatic pistol and 9mm pistol in their possession on the date. They also had 232.4 kilogrammes of cannabis and 6.5 kilogrammes of cocaine; both traffickable amounts.

The two also pleaded guilty to importation of the ammunition, the five firearms, the cannabis and cocaine.

Delivering the ruling in the Supreme Court No. 5A recently, Justice Christopher Birch said: “You know you are not to have these things. The court must take a dim view of those who would prey on the weakness of those in society who suffer from drug addiction in order to make a profit. It is beyond dispute the pain and suffering that guns inflict on the society – death, injury, and loss of liberty. It must be reemphasised that guns have but one purpose, and that is to inflict death. Even if you gentlemen never pulled a trigger or never intended to do so, even if your only intention was to sell those firearms, they represent a clear and present danger to the peace, order and good governance of the state.”

He gave Babb and Richards a starting sentence of 12 and 11 years, respectively, before making several deductions.

Noting that both men have already been before the courts, he stated that should have acted as a deterrent and considered this to be an aggravating factor, along with the quantity of firearms and narcotics they were found with. Mitigating factors were their early admission of guilt and, in the case of Richards, his low risk of re-offending.

Justice Birch then gave a one-third discount for the guilty plea and deducted 18 months for the delay in the matter being brought to trial and the five years spent on remand.

“You are both sentenced to the time that you have spent on remand. The same time is also imposed in relation to the trafficking of the narcotics, to run concurrently,” he said, before sentencing them to two years for the possession of ammunition and importation of the firearms and narcotics.

They were convicted, reprimanded and discharged for possession of the drugs.

“Gentlemen, it is the desire of the court that you never come back around this or any other court. Truly, enough is enough. Today is the first day of the rest of your law-abiding lives. Live accordingly,” Birch warned.

Richards and Babb were represented by attorney-at-law Ajamu Boardi and Senior Counsel Andrew Pilgrim respectively, while Senior State Counsel Romario Straker prosecuted.

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Magistrate urges young man to stay away from alcohol

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A 24-year-old who admitted that he was “under the influence” when he assaulted a woman on Monday, has been told to stay away from alcohol.

Clifroy Shamroy Hepburn of Foul Bay St Philip pleaded guilty to unlawfully assaulting Nicole Clarke on December 4, 2023, when he appeared in the District ‘A’ Traffic Court.

The court heard that Hepburn boarded a bus and sat down next to the complainant. She slid closer to the window to make room between the two of them, and he took the opportunity to move closer to her, which made her uncomfortable. A few moments later, he reached out and placed his hand on her private parts. She jumped up and said, “Why are you touching me?” and moved to another seat.

The accused switched seats and sat next to another lady that the complainant knew and being concerned for her, Clarke told the bus driver what had happened. As the bus was passing the airport, a police car was flagged down and the incident was reported to the officers.

Hepburn said he had only touched the complainant’s leg and “when she react, I say I am so sorry…. It was a mistake.”

“It was an unwanted touch and therefore, it was an assault,” Magistrate Alison Burke informed Hepburn.

Admitting that he had been under the influence when the incident occurred, he said he needed help dealing with his drinking.

The magistrate ordered a pre-sentence report and told Hepburn to return to court on March 26, 2024.

He is also facing a charge of unlawful assault against Zara Clinkett on the same day.

That matter, however, was transferred to the Oistins Magistrates’ Court and is to be heard on Monday.

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