The Tribune

By LAMECH JOHNSON

Tribune Staff Reporter

ljohnson@tribunemedia.net

TEN people who protested against a blocked access point to Cabbage Beach were arraigned in Magistrate’s Court yesterday on numerous criminal charges stemming from the destruction of a fence blocking the entry point on Casino Drive, Paradise Island.

All access points to the Nassau and South Streets court complex were blocked off by the heavy presence of police officers for the expected 10am arraignments of Urvan Moxey, 46, Miguel Joseph, 26, Derek Thompson, 64, Lincoln Bain, 39, Hubert McIntosh, 59, Sam Butler, 52, Trevor Lightbourne, 46, Francis Johnson, 50, Derek Cox, 58, and Jharo Saunders, 23, on a charge of damage, disorderly behaviour and three counts of obstruction.

However, the case of the ten accused persons – who were joined in court by friends, relatives, along with Free National Movement and Democratic National Alliance supporters - was not called until a quarter to noon. In court, lawyers for the accused raised preliminary objections to the “trumped” up charges against the group and Moxey, who alone faced three counts each of assaulting a police officer and resisting arrest.

Moxey’s lawyer, DNA Leader Branville McCartney, told the chief magistrate: “Mr Moxey was not interviewed in relation to those charges.”

He said if it was the prosecution’s intent to have all of the charges, save for damage, to remain on the docket, then the prosecution was duty bound to provide the record of interview that would bear his client’s initial to indicate that he was questioned relative to those allegations.

He said the request was necessary “in the event there are instructions from my client in taking this further concerning malicious prosecution against him.”

“For him to come to court and take a plea in relation to those offences, taking a plea today, is premature. The groundwork has not been done for him to be before this court. He’d be submitting to the jurisdiction of the court and the offences before this court. I’m objecting to him taking a plea,” Mr McCartney added.

Paul Moss, who appeared for Johnson, Cox and Saunders with attorney Halston Moultrie, made similar complaints that his clients were being charged with offences they were never questioned about.

“On Monday past, I accompanied the defendants to the Paradise Island Police Station as we were advised there were warrants of arrest for them. Upon arrival, all three were arrested and charged with causing damage. During the interview process, Halston Moultrie and I, sat in the room with them and at no time were they arrested, questioned, or charged with any other offences,” Mr Moss said.

The lawyer added that what was now happening in court amounted to an infraction of his clients’ constitutional rights.

“This is not the proper venue for it,” the chief magistrate told the lawyer, adding that if he was of the view, he should file a constitutional motion to the Supreme Court.

Donald Saunders, who appeared for Joseph, Bain, McIntosh, Butler and Lightbourne, adopted the earlier submissions.

“Our position is the same with respect to Mr Lincoln Bain when my client was asked to report to the Paradise Island Police Station on March 4, he was never arrested,” Mr Saunders said.

He, too, suggested that action was likely to follow concerning malicious prosecution.

Thompson’s lawyer, Khalil Parker, said there would be no waiver in his client’s objection to the proceedings, noting that “it is incumbent upon the prosecution at this stage to answer to these allegations.”

“These are charges we’re presented with today and this is prosecution by ambush and we strenuously object to it,” Mr Parker stressed.

The chief magistrate asked ASP Clifford Daxon his position on the matter and the police prosecutor said the arraignment should proceed.

“The Crown submits the charges are in compliance with the Criminal Procedure Code (CPC). The charges, as presented, if they fail to enter a plea, there are provisions for the court to enter a plea,” ASP Daxon said.

The chief magistrate adjourned the matter for consideration and when it resumed at 3pm, she drew defence counsel’s attention to Section 58(1) of the CPC which notes that criminal proceedings can be initiated with a formal complaint and did not require a warrant.

“By virtue of this fact, there’s no reason in law that they ought not to answer to the charges,” the chief magistrate said.

Before proceeding with the arraignment, she then drew the lawyers’ attention to Section 201 of the CPC, which allows the court to enter a not guilty plea if the accused person refuses to answer to the charge.

Moxey was arraigned first on three counts each of assaulting a police officer and resisting arrest on March 1.

It is claimed that he harmed Chief Superintendent Leamond Deleveaux, Supt Philip Hinzie and Inspector Lloyd Rolle during his attempt to resist lawful arrest during a massive protest last week at Cabbage Beach.

All 10 persons were then arraigned on three counts each of obstruction and a charge of disorderly behaviour, as they allegedly were disturbing the peace and blocking the senior policemen who were acting in their duties.

They all refused to plead to the charges, which the chief magistrate recorded as “not guilty” in accordance with the provisions of the CPC.

Concerning the last charge of damage where it was alleged that they destroyed a chain link fence valued at just over $800 on Casino Drive, Moxey pleaded not guilty and the remaining accused refused to enter a plea.

ASP Daxon offered no objection to $1,800 bail for the 10.

They return to Magistrate’s Court on April 20 for a status hearing.