The Tribune

By LAMECH JOHNSON ljohnson@tribunemedia.net SENIOR Justice Jon Isaacs remitted the sentencing of a convicted child rapist, who pleaded guilty to robbery, back to Magistrate's Court on the basis that the Magistrate who referred the matter made a technical error. Because court six Magistrate Carolyn Vogt-Evans did not convict 38-year-old Andrew Bridgewater of the offence last November, only accepting his plea, Senior Justice Isaacs said that as regards the law he could do nothing with Bridgewater. According to the Criminal Procedure Code, a Magistrate referring a matter to the Supreme Court for sentencing must have all pre-conditions met, which includes conviction of the accused. He said that Magistrate Vogt-Evans did not meet the full requirements. Senior Justice Isaacs then addressed Bridgewater and informed him that "unfortunately, the Magistrate did not comply with the pre-conditions. "Your case is remitted to the Magistrate's Court for the Magistrate to comply with those conditions." He then requested that the matter be dealt with and put it down for Wednesday, January 18, before Magistrate Vogt-Evans in Court 6. "On the date, the Magistrate will either hear the matter or put it down to a practical date to be heard," he added. Bridgewater had been arraigned before Magistrate Vogt-Evans on November 22, where he pleaded guilty to robbing a 52-year-old woman of a handbag containing $100 worth of personal items. The magistrate, after listening and watching the unremorseful attitude and conduct of the accused about his latest offence, told Bridgewater that she would refer the matter to the Supreme Court for sentencing. However, in yesterday's Supreme Court proceedings, Senior Justice Isaacs, and prosecutor Kevin Farrington both agreed that a revision of the transcripts for that arraignment revealed that the Magistrate had only accepted the "unequivocal plea of guilt" by the accused, but did not go further and declare him convicted of the November 21 robbery offence. He was remanded to Her Majesty's Prison and will return to the Magistrate's Court tomorrow morning.