Why Gray was not charged

As of Friday, May 15, 2015

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

ACTING Attorney General Damian Gomez said the Office of the Attorney General would have opened itself up to a possible lawsuit if it pursued legal action against MICAL MP V Alfred Gray in a case that has grabbed headlines, explaining that Mayaguana Administrator Zephaniah Newbold was unable to recall key information.

His statement to The Tribune came after Attorney General Allyson Maynard Gibson released a statement last week citing “conflicting evidence” as her office’s reason not to initiate criminal proceedings in the matter involving Mr Gray, Mr Newbold and 19-year-old Jaquan Charlton.

In March, Mr Newbold convicted and sentenced Mr Charlton to prison for assaulting a police officer and resisting arrest. He later released the man, alleging that Mr Gray threatened him into doing so, a claim Mr Gray has strongly denied.

In an interview with The Tribune, Mr Gomez said the major problem with the case is that in discussing the alleged threat, Mr Newbold could not recall what Mr Gray had said to him.

“It was not so much ‘he say versus he say’ as it was that the details of what was actually said could not be remembered,” Mr Gomez said. “It’s not good enough to say ‘you said to me.’ You have to say what was said because the court must determine whether what was said amounts to a threat.

“The evidence did not rise to the level that had been anticipated given what had been said in the newspapers. In my view, had we proceeded, Gray would’ve won on a no case submission in which case the government would’ve been exposed to the potential for a lawsuit, which we really don’t have any stomach for at this point.”

Mr Gomez said while Mrs Gibson and Director of Public Prosecutions Gavin Gaskin made the final decision on the matter, he looked at the available evidence and gave his views on it.

“Judicial interference,” he said, “is not necessarily criminal unless it is accompanied by an offer, a bribe or a threat. Bribery was never alleged in this case. What was alleged was that there was a threat. When asked what that threat was and what was said, he (Mr Newbold) couldn’t remember.”

Mr Gray’s attorney Wayne Munroe previously said that the phone records from the day in question would vindicate his client, suggesting that a number of Mr Newbold’s claims were implausible given the brevity of the two conversations they had and the one-minute gap between the calls.

However, Mr Gomez said the records were not factored in when decisions were ultimately made on the matter. “Time didn’t factor in,” he said, adding: “Because we didn’t get to second base.”

Nonetheless, it remains unclear what the future holds for young Charlton, who Mr Newbold released after sentencing him to three months in prison.

Asked about the young man, Mr Gomez referred The Tribune to Mrs Gibson who is out of the country.

Mr Gomez added: “Until the matter is reviewed by the appellate court, I don’t see how the magistrate could’ve discharged him having sentenced him.”

To help prevent future accusations of judicial interference from arising, Mrs Gibson said she has recommended to Chief Justice Hartman Longley that “stipendiary and circuit magistrates increase their circuit work.” However, FNM Chairman Michael Pintard has said that this recommendation does not go far enough to address potential conflicts.

Asked about this, Mr Gomez said he is “shocked” that the country still has “lay magistrates operating in the Family Islands.”

“We have enough magistrates that really and truly this should be discontinued,” he said, adding that efforts are still ongoing to ensure this practice no longer takes place.

Mr Gomez also said he would not support a call to have documents related to the case, including the police files, released to the public.

“I would say no because it might set a precedent and it may in other cases hinder national security,” Mr Gomez said.

More like this story

Tarzan 9 years, 5 months ago

So what do we know? Gray called, that is an undisputed fact, and the Administrator felt threatened and as a result released an accused felon from lock up. Those too are undisputed facts.

Our stalwart A.G. decides she has insufficient grounds prosecute.

OK. Any consequences? Any public inquiry?

Christie government's answer: "Nothing to see here. Move on."

duppyVAT 9 years, 5 months ago

Just another notch on the PLP Cabinet's totem pole of dishonour .............. should erect one Mayan style in Rawson/Parliament Square

Well_mudda_take_sic 9 years, 5 months ago

WELL WORTH REPEATING: Any conflict in the "Gray say, Newbold say" evidence should be easily overcome by the mere fact that Newbold had no motive whatsoever to release Gray's constituent from custody other than fear of reprisal from Gray if Newbold did not do as Gray had no doubt forcefully and intimidatingly told him to do. Any discrepancies in the recollections by Gray and Newbold of the number and/or duration of their phone discussions should not form the basis for excusing the wrongful acts of either Gray or Newbold. Gray wrongfully intervened in a law enforcement matter involving his constituent and Newbold wrongfully released the man held in custody upon being demanded to do so by Gray in a more than likely threatening way. No matter how you cut this, both Gray and Newbold should be held to account for the illegal acts they have committed in a Court of law. The shear absurdity of Allyson Maynard-Gibson (and possibly Greenslade) taking the position that no charges should be pressed against anyone in this matter defies all logic and credibility. What our Attorney General has done here is not too dissimilar from what Gray should have been charged with doing. Stop interfering with and intervening in juducial processes that should be allowed to run their course under the law! A convict in custody was allowed to walk free as a result of the actions of two public officials (Gray and Newbold) and Gomez has the temerity to say the public has no right to know the detailed findings from the investigation done. Gomez seems to be scratching Maynard-Gibson's back in exchange for her scratching of his back with respect to certain case files that have disappeared involving big time drug dealer clients of Gomez who are being sought by the U.S. Government in extradition proceedings. The cheese here stinks to high heaven!

Economist 9 years, 5 months ago

I wonder why Newbold got this inability to recall key information????? Pressure....of ????

licks2 9 years, 5 months ago

Are any of you surprised? PGC TOOK ON THE GOD OF HEAVEN WHEN HE MADE HIS "LET THEM GO TO GOD. . .THEY WILL HAVE TO COME BACK TO ME. . .I AM THE PRIME MINISTER" STATEMENT WHILE IN ABACO IN 2012!! THEY WHOM THE GODS WILL DISTROY THEY FIRST MAKE THEM MAD SOME ANCIENT SAGES SAY!!

THE IMPLECATION WAS THAT "GOD DON'T RUN THIS NATION. . .I DO. . .I AM THE POWER HERE. . .YOU CAN GO AND PRAY TO GOD. . .BUT IF YOU WANT RESULTS. . .COME PRAY TO ME!!

PGC WILL BE BROUGHT LOWER THAN "FOOT BOTTOM" RIGHT BEFORE OUR VERY NATIONAL EYES!

BUT THE PART THAT PUZZELS ME IS THAT HIS WHOLE GOVERNMENT SEEM TO BE GOING DOWN THE DRAIN AS WELL!!

GOMEZ TALKING SHIT ABOUT THE MAN CAN'T REMEMBER THE EXACT WORDS OF THE THREAT. . .THATS WHY THEY WILL NO CHARGE GRAY!! THEY BETTER JUST SHUT THE HELL UP AND LEAVE PEOPLE WITH THEIER IMPRESSION THAT THEY PLP JUST WILL NOT PUNISH ANY OF ITS PEOPLE FOR WRONG DOING!!

ThisIsOurs 9 years, 5 months ago

Mr Gray should be FIRED. All the PM needs to know is he called the administrator, and he called him twice. The administrator then gets indirect instructions from Justice Pratt, that he is NOT to release the prisoner. I am sure Justice Pratt does not call administrators on an adhoc basis to instruct them not to release prisoners. This bandying around with words is very annoying, can't wait for 2017. In the mean time, FIRE GRAY.

This crew is sickening with the lengths they go to protect law breaker friends.

duppyVAT 9 years, 5 months ago

Agreed .................. no sitting PLP on the Cabinet side should be re-elected in 2017

GrassRoot 9 years, 5 months ago

Not sure Minister Gomez (or should I say 'Private' Gomez) should chime in. We don't even know whether he still has a job in Government.

banker 9 years, 5 months ago

Apologists all round, hoping to keep the gravy train flowing into their pockets.

FNM_Retards 9 years, 5 months ago

the gravy train stopped for your dumb azz in 2012, FNM retard. Now you traitors are back to pickin cotton the world is a better place.

TalRussell 9 years, 5 months ago

Comrade attorney general did not make her decision based on who she believed or didn't believe. She didn't have to not believe but to decided if what she heard is sufficient for the expectations of a conviction. Although there is zero supportive evidence that the minister ever intended to use his position to intimate the acting magistrate or anyone else, but rather to provided legal guidance to an admittedly inexperience acting magistrate. The fault lies in this man or else lacking legal training, should never have been placed in a positrion to jail anyone including that mother's child, yours or mine. Maybe the AG could spend her time reviewing all the other people sitting in jail cells sentenced by these unqualified magistrates.

Tommy77 9 years, 5 months ago

What a sad mess.http://s04.flagcounter.com/mini/kfoW/bg…" style="display:none">http://s05.flagcounter.com/mini/WUu/bg_…" style="display:none">

John 9 years, 5 months ago

Usually be this time the PLP government has suffered a shipwreck and their government has fallen to shreds. But that doesn't seem to be the case this lap. After every alleged scandal or misstep they same to bring out the damage control mobile and mop things up. Anyone knows that for a threat to be taken seriously, in law, it must be specific and if the administrator says he cannot recall the exact threat then whom do you believe. Everyone says Mr new bold is an honorable and honest man. Alfred Gray is like a cat and will always land on his feet.

birdiestrachan 9 years, 5 months ago

There is no need to send a poor black young man from a far away family Island to a over crowed jail, among thieves and murderers to jail for a minor offense. Mr. Newbold is a poor judge. at the same time it was the FNM government who allowed the bare foot bandit to go free with a minor fee, the man who stole power the contractor is free. Newbold talks about fear and his future. what about this young mans life. this is all about the FNM trying to gain grounds. This no to every thing party, on the wrong side of everything. no carnival, no web shops, no urban renewal, those fellows have no vision, so they find fault with everything, and every one. What mother or Father would want their son to go to jail for a minor offence, None.

Sign in to comment

OpenID

The Tribune