The Safe House Project 2009 for Displaced & Homeless MSM/Transgender reviewed & more


In response to numerous requests for more information on the defunct Safe House Pilot Project that was to address the growing numbers of displaced and homeless LGBTQ Youth in New Kingston in 2007/8/9, a review of the relevance of the project as a solution, the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013; also see from the former Executive Director named in the podcast more background on the project: HERE also see the beginning of the issues from the closure of the project: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009

Friday, January 8, 2010

Buju Banton’s Lawyer says Buju set up by evil people.


Comment | Copy This



ClICK HERE to hear the audio portion if the player above doesn't work.

In an interview on Jamaica’s Nationwide 90 FM radio’s “This Morning” program on January 8, 2010, Mr. David Oscar Marcus, Mr. Mark Myrie aka Buju Banton’s lead attorney said that persons were paid by the authorities to basically commit a crime by inducing Buju’s trusting mentality. He said he believed in Mr. Myrie’s innocence after speaking to Mr. Myrie in a face to face meeting and despite having the video footage of his client’s alleged transgressions sent to him by the Drug Enforcement Agency of which he hasn’t viewed at the time of this exchange.


He said Buju’s spirits were high although he was incarcerated in a low level security lock up in Florida, following yesterdays appearance in court they pled not guilty and a new trial date has been set for March by which time he may miss the Grammy Awards Ceremony as his album “Rasta Got Soul” is nominated in the Reggae category. Seeing he had his visa revoked by the authorities he has no legal status as a citizen so the immigration authorities may not allow him free movement although he can post bond on the criminal court the immigration application may not go through, it is possible he can take up bond and take residence at the Jamaican consulate or his home in Tamarack Florida under possible house arrest.

He says Buju is well known and cannot go anywhere or become a flight risk so they ought to consider granting him bond.
On the matter of the perception of “Evil People” setting Mr. Myrie up he, Mr. Marcus, was cautious as he didn’t want to disclose as he said the government was listening implying his phone may be bugged or they were listening the interview, he said persons were paid to catch Buju Banton basically. As to the video footage evidence he said not all the meetings were taped and that “they only taped what they liked “and that his defense would challenge the video evidence.

That was funny to me as I don’t know if an agency can just decide what is likeable or not before archiving it, one would have thought all the possible evidence gathered would make their case stronger, why leave out segments if the meetings were so designed to produce a trail?. What was also puzzling was the comments were made in the context of his office having received copies of the alleged footage but not examining them. He was asked if he thought video footage (s)was/were tampered with, he said it hard to tell, he said he was going to have them examined and would take a close look.


He skillfully dodged the question as to his own track record in cases by saying he believed in Buju Banton and he wants to win, he continued by saying he wouldn’t have take the case if he thought Buju Banton was going to cut a deal or rant on someone else charged, the question was posed again with precedence on persons getting off from charges levied by the DEA juxtaposition he answered by saying the federal government wins 90% of its cases and they were going to fight it to be the few that overcome. He again says he doesn’t take cases where he feels he is going to loose. This attorney seems like one of those who take on high profile cases to boost their own careers with very little track record and his inability to justify his own strengths in this interview is telling.


As to the interviewers Ms Naomi Campbell and her male counterpart they weren’t probing enough in my estimation, the “Evil people” comment should have been explored a little more, Mr. Marcus should have been asked to explain what he meant in more detail, was it the Gay community or what as is believed in some circles especially here in Jamaica’s media and entertainment circles not to mention some sections of the public. Fairness is what counts, I feel and the smoke created by this perception needs to be cleared so we can get a better view. This sounds to me like a daily routine of a defense lawyer just doing what he is paid to do, defend as best possible.


Some questions come to mind though for me:
What is meant by “Evil People” setting up Buju Banton?
Why would the DEA go through all that trouble to record footage etc if they weren’t sure of their case?
Do you believe that footage could have been so doctored by the DEA to make the court believe Buju Banton was actually there allegedly tasting the cocaine as is said in Sound bites and newscasts?
Do you feel he will be found guilty in this matter?
Are you satisfied with how the interview was conducted?
Do you think elements within the US gay community really set up Buju Banton?
Do you think Buju Banton was involved in illegal drug activities if ever?


All these questions and doubts have been left in my estimation after hearing this interview, my apologies if the sound quality isn’t all that clear as my streaming facility is not working just now.
Please read and listen carefully folks and form your opinions.


What you think?


Peace & Tolerance
H

2 comments:

mark said...

He sounds like he is doing what a good attorney does: vigorously maintain his client's innocence.

The interviewers were exceedingly soft on Buju - as though he could not possibly be guilty as charged, basically clucking like hens.

"Taking up residence at the Jamaican consulate" - LOL.

Presumably it's not uncommon for an informant to be financially rewarded: maybe that's what he means by people
getting paid to set him up.

It wasn't mentioned that the co-defendants who ARE citizens have already been refused bail.

Getting the grammy won't do him any harm. I don't know who votes, but I could see him getting the award on political, rather than musical grounds.

I believe that the outcome of a trial (if it comes to that) may depend on the racial makeup of the jury -specifically, if someone of Jamaican heritage is there.

It's so hard to say at this point. He is probably guilty, but a good defense lawyer may be able to create reasonable doubt in the minds of the jury.

Unknown said...

just seeing this Mark, sorry, u are right man as usual.

They think we are fools

H

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Reminder

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also see all the posts in chronological order by date from Gay Jamaica Watch HERE and GLBTQ Jamaica HERE

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Steps to take when confronted by the police & your rights compromised:


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f) Never sign to a statement other than the one produced by you in the presence of the officer(s)

g) Try to capture a recording of the exchange or incident or call someone so they can hear what occurs, place on speed dial important numbers or text someone as soon as possible

h) File a civil suit if you feel your rights have been violated

i) When making a statement to the police have all or most of the facts and details together for e.g. "a car" vs. "the car" represents two different descriptions

j) Avoid having the police writing the statement on your behalf except incases of injuries, make sure what you want to say is recorded carefully, ask for a copy if it means that you have to return for it

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What to Do .....




a. Make a phone call: to a lawyer or relative or anyone

b. Ask to see a lawyer immediately: if you don’t have the money ask for a Duty Council

c. A Duty Council is a lawyer provided by the state

d. Talk to a lawyer before you talk to the police

e. Tell your lawyer if anyone hits you and identify who did so by name and number

f. Give no explanations excuses or stories: you can make your defense later in court based on what you and your lawyer decided

g. Ask the sub officer in charge of the station to grant bail once you are charged with an offence

h. Ask to be taken before a justice of The Peace immediately if the sub officer refuses you bail

i. Demand to be brought before a Resident Magistrate and have your lawyer ask the judge for bail

j. Ask that any property taken from you be listed and sealed in your presence

Cases of Assault:An assault is an apprehension that someone is about to hit you

The following may apply:

1) Call 119 or go to the station or the police arrives depending on the severity of the injuries

2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial

3) Critical evidence must be gathered as to the injuries received which may include a Doctor’s report of the injuries.

4) The description must be clearly stated; describing injuries directly and identifying them clearly, show the doctor the injuries clearly upon the visit it must be able to stand up under cross examination in court.

5) Misguided evidence threatens the credibility of the witness during a trial; avoid the questioning of the witnesses credibility, the tribunal of fact must be able to rely on the witness’s word in presenting evidence

6) The court is guided by credible evidence on which it will make it’s finding of facts

7) Bolster the credibility of a case by a report from an independent disinterested party.

Notes on Bail & Court Appearance issues


If in doubt speak to your attorney

Bail and its importance -

If one is locked up then the following may apply:
Locked up over a weekend - Arrested pursuant to being charged or detained There must be reasonable suspicion i.e. about to commit a crime, committing a crime or have committed a crime.

There are two standards that must be met:

1). Subjective standard: what the officer(s) believed to have happened

2). Objective standard: proper and diligent collection of evidence that implicates the accused To remove or restrain a citizen’s liberty it cannot be done on mere suspicion and must have the above two standards

 Police officers can offer bail with exceptions for murder, treason and alleged gun offences, under the Justice of the Peace Act a JP can also come to the police station and bail a person, this provision as incorporated into the bail act in the late nineties

 Once a citizen is arrested bail must be considered within twelve hours of entering the station – the agents of the state must give consideration as to whether or not the circumstances of the case requires that bail be given

 The accused can ask that a Justice of the Peace be brought to the station any time of the day. By virtue of taking the office excluding health and age they are obliged to assist in securing bail

"Bail is not a matter for daylight

Locked up and appearing in court

 Bail is offered at the courts office provided it was extended by the court; it is the court that has the jurisdiction over the police with persons in custody is concerned.

 Bail can still be offered if you were arrested and charged without being taken to court a JP can still intervene and assist with the bail process.

Other Points of Interest

 The accused has a right to know of the exact allegation

 The detainee could protect himself, he must be careful not to be exposed to any potential witness

 Avoid being viewed as police may deliberately expose detainees

 Bail is not offered to persons allegedly with gun charges

 Persons who allegedly interfere with minors do not get bail

 If over a long period without charge a writ of habeas corpus however be careful of the police doing last minute charges so as to avoid an error

 Every instance that a matter is brought before the court and bail was refused before the accused can apply for bail as it is set out in the bail act as every court appearance is a chance to ask for bail

 Each case is determined by its own merit – questions to be considered for bail:

a) Is the accused a flight risk?

b) Are there any other charges that the police may place against the accused?

c) Is the accused likely to interfere with any witnesses?

d) What is the strength of the crown’s/prosecution’s case?

 Poor performing judges can be dealt with at the Judicial Review Court level or a letter to the Chief Justice can start the process

Human Rights Advocacy for GLBT Community Report 2009

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

Donations presently are accepted via Paypal where buttons are placed at points on this blog(immediately below, GLBTQJA (Blogspot), GLBTQJA (Wordpress) and the Gay Jamaica Watch's blog as well. If you wish to send donations otherwise please contact: glbtqjamaica@live.com or Tel: 1-876-841-2923 (leave a message just in case)




Activities & Plans: ongoing and future

  • To continue this venture towards website development with an E-zine focus

  • Work with other Non Governmental organizations old and new towards similar focus and objectives

  • To find common ground on issues affecting GLBTQ and straight friendly persons in Jamaica towards tolerance and harmony

  • Exposing homophobic activities and suggesting corrective solutions

  • To formalise GLBTQ Jamaica's activities in the long term

  • Continuing discussion on issues affecting GLBTQ people in Jamaica and elsewhere

  • Welcoming, examining and implemeting suggestions and ideas from you the viewing public

  • Present issues on HIV/AIDS related matters in a timely and accurate manner

  • Assist where possible victims of homophobic violence and abuse financially, temporary shelter(my home) and otherwise

  • Track human rights issues in general with a view to support for ALL

Thanks again
Mr. H or Howie

Tel: 1-876-841-2923
lgbtevent@gmail.com








Peace

Battle Lines Javed Jaghai versus the state & the Jamaica Buggery Law



Originally aired on CVM TV December 8th 2013, apologies for some of the glitches as the source feed was not so hot and it kept dropping from source or via the ISP, NO COPYRIGHT INFRINGEMENT INTENDED and is solely for educational and not for profit use and review. The issue of the pending legal challenge in the Constitutional Court in Jamaica as filed by Javed Jaghai an outspoken activist who happens also to be openly aetheist.

The opposing sides are covered as well such as
The Jamaica Coalition for a Healthy Society
The Love March
Movement Jamaica

The feature seems destined for persons who are just catching up to the issues and repositioning JFLAG in particular in the public domain as their image has taken a beating in some respects especially on the matter of the homeless MSM front. They need to be careful that an elitist perception is not held after this after some comments above simplistic discourse, the use of public agitation as beneath some folks and the obvious overlooking of the ordinary citizen who are realy the ones who need convincing to effect the mindset change needed and the national psyche's responses to homosexuality in general.


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