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Court deals with curfew violation charges

By FARRAH JOHNSON

fjohnson@tribunemedia.net

SEVERAL people appeared in the Magistrate’s Court yesterday, charged with violating the national curfew and the weekend lockdown recently implemented by Prime Minister Dr Hubert Minnis.

Irvin Rolle, 42, appeared before Magistrate Andrew Forbes charged with violating the lockdown after police found him in the area of Abraham Street on Sunday around 10.55 am.

Rolle, who was also charged with disorderly behaviour and resisting arrest, pleaded guilty and was ordered to pay $350 for violating the lockdown or spend three months at the Bahamas Department of Correctional Services (BCDS).

He was also fined $25 for behaving disorderly and another $200 for resisting arrest.

Rolle was arraigned alongside his brother, Antonio Brown, who was also charged with disorderly behaviour, obstruction and three counts of assaulting a police officer.

Brown also pleaded guilty to all of his charges and was consequently fined $25 for count one, $200 for count two and another $200 each for assaulting three police officers while they were on duty.

Failure to pay the fines would result in Brown spending two months at BCDS.

Prosecutor Lincoln McKenzie told the court at the time of the incident, officers in the Kemp Road area observed Brown outside and asked him why he was in the street. Sgt Mckenzie said Brown told police he was not used to being on lockdown and when officers attempted to arrest Brown, he ran away.

According to the prosecutor, at that point, Rolle appeared and told police they were not taking his brother. Sgt McKenzie said both defendants resisted arrest and were taken to the nearest police station where they denied committing the offence.

During the arraignment their lawyer told the judge the gate for Rolle and Brown’s home was on the street. She said when Rolle was approached by officers, he was going next door to get gas for cooking and added that it was at that moment when the officers told him to go back inside.

The attorney claimed that the officers decided to reverse, hop over the fence and place one of her clients in handcuffs. In defending her clients, the lawyer noted that the brothers had 20 children —all under the age of 16—living at their residence.

She explained that seven of the children belonged to Rolle while eight were Brown’s. She also said that the remaining children belonged to a third brother. Insisting that it was a situation that escalated, she asked the judge to be lenient when sentencing. The attorney also noted that her clients had never been to court before. She said the men were breadwinners for their families and asked the court to consider their financial situation.

In response, Magistrate Forbes said people should think wisely when making decisions because the choices they make impact themselves and their families. He also emphasised that decisions should be based on facts rather than emotion because the latter can get a person killed.

Cameron Johnson, 27, was charged for violating the lockdown after police found him in the Parkgate area around 9.10 pm on Saturday. He pleaded guilty to the charge and was fined $300 or two months at the Bahamas Department of Correctional Services.

When given the opportunity to speak, Johnson told the judge he was arrested after he went out with a trolley with jugs to get water from a public pump for his family. He said he was still under the impression that the national curfew was still being enforced between 9pm-5am because he got most of his news and updates from WhatsApp chats.

In response, Magistrate Forbes asked the defendant how he was sure the information he was getting from WhatsApp was accurate. He also asked him if he was prepared to risk being sentenced to 18 months in prison over misinformation.

In pleading his case, Brown insisted that he was the only male in his household and noted that his grandmother was over seventy.

Still, Magistrate Forbes said while he understands the challenges people living without running water face, the defendant was on WhatsApp which meant he had access to the internet and legitimate news sources.

Jason Newbold, 40, was also charged with violating the curfew after he was found in the area of Hospital Lane last Tuesday.

He pleaded guilty to the charge and was fined $500 or four months at the BDCS. Newbold was ordered to pay half of the fine yesterday and was given until May 11 to pay off the remaining balance.

According to the facts read by prosecutor Lincoln McKenzie, around 8.14pm that night, officers observed Newbold outside in the Mackey Street area. When they approached him to ask if he was aware that he was in breach of the curfew, Newbold told them he was on the road to get food. Sgt McKenzie said Newbold was arrested and interviewed where he repeated his previous explanation which led to him being further cautioned and charged.

Newbold was represented by attorney Ian Cargill. He told the judge his client had no previous convictions and had young children who he was getting the food for.

Brenton Thompson, 32, also pleaded guilty to violating the national curfew after police found him in the Culmer’s Alley area on Thursday around 10.30pm.

He was convicted of the offence and fined $1,000 or six months in prison. He was also ordered to pay half of the fine yesterday and given until May 11 to pay off the balance.

Thomspon was also represented by Mr Cargill who told Magistrate Forbes his client had only violated the curfew because he was trying to get home.

He told the judge that Thompson had a pending matter before the court which resulted in him wearing an anklet bracelet that required him to return to his residence at 6pm.

Still, Magistrate Forbes said his situation was not an excuse because the fact that he was found outdoors around 10.30pm in the night meant that he was already violating his bail.

Hank Knowles, 43, also pleaded guilty to violating the lockdown after he was found outside near Semana Drive on Sunday night.

His attorney, Keevon Maynard, told the judge Knowles’ child was severely asthmatic and that he had only violated the lockdown so he could get a ventilator for him. Still, Magistrate Forbes said that Knowles should have called the COVID-19 hotline if he had a medical emergency. Knowles was fined $350 or two months at BCDS.

Two homeless men were also charged for violating the lockdown over the weekend. Police arrested 50-year-old Charlton Saunders after he was found on School Lane, Market Street at 10.15pm on Sunday. Saunders pleaded guilty to the charge and was subsequently discharged. Magistrate Forbes also encouraged him to to get in touch with family who can house him during the lockdown.

Brad Albury, 46, was also found in the Market Street area around 8.14pm last Friday. He told the judge he lived in an abandoned car because he had to move out of the apartment he was staying in when he couldn’t keep up with the rent. Albury was also discharged and encouraged to find a shelter that would be able to assist him.

Jean Vanderpool was also charged after he was found outside in the Blue Hill and Wulff Road area around 8.45pm on March 27. He pleaded guilty to the charge and was fined $350 or two months at BDCS.

Nicholas Stanko, 35, was found in the Montagu Beach area at 9.10pm on Saturday.

He apologised for “unintentionally breaking the law” and begged for the court’s leniency. He was subsequently fined $350 or two months at BDCS.

Deangelo McDonald, 33, was charged after officers found him in the area of Poinciana Drive 8.35pm last Friday. He pleaded guilty to the charge and was fined $350 or two months in prison.

Rakil Gardiner was also charged after he was found on East Street around 8.45 pm that same night. He pleaded guilty to the charge and was discharged.

According to the facts read by the prosecutor, Sergeant Kendrick Bauld, officers on mobile patrol observed a flatbed truck travelling north on East Street. They stopped the vehicle and asked Gardiner if he was aware of the curfew. He was then taken to the station where he told officers he was heading home from work.

During the arraignment, it was revealed that Gardiner dealt with surveillance and audio systems for Super Value as an IT technician.

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