Jamaica Observer online readers have weighed in on a claim by international gay news website, Gaystarnews.com, that the People's National Party (PNP) is fielding at least two homosexual candidates in the upcoming general elections, following PNP President and Opposition leader Portia Simpson Miller's disclosure during last Tuesday's national leadership debate that a PNP government would review the contentious buggery law. The story was published in last Friday's Daily Observer and is one of the most-read online. Below are some of the comments:
ANONYMOUS: A waa yu a say! Two man soon can get married den. Jamaican people do you really want that?
YELLOW YAM: I guess in 50 years they'll be fighting for open paedophiles to be in Parliament... hmmm... the buggery law also includes buggery with animals... I guess we should let them in also. Let them all in... prostitutes, homosexuals, people who practice bestiality, paedophiles, everyone. After all, it's their own private business right? (I'm being sarcastic).
VIVIAN STEPHENSON: Jamaica because of its beggy beggy attitude, is kneeling to the shaft of homosexuality. Portia knows better than that, but she is desperate for votes. She wants to win so bad she will put her principles in the closet and allow this reprehensible lifestyle to permeate Jamaica...
R COOL: This whole issue at hand just proves and shows the high showing of illiteracy and its common practice of our people in Ja. No wonder the other so-called small islands are ahead of us with the exception of athletics. People have the right to live their lives the way they choose as long as they're not infringing on your rights as a person. The total misconception, misunderstanding and (misquoting) of what was actually said by Mrs P Simpson is so outrageously negatively propaganda.
TJ JACKO: We have all sinned and come short of the glory of God at times. We should not judge but I do not think we are judging, we are simply saying this is wrong. We have kids who are already confused and to add more confusion would be so unfair. Your sexual orientation should be kept to yourself and NOT be thrown in the faces of people who are not used to this way of life. If Portia wants to review it, then she can go ahead, but GOD forbid if she changes the law to suit homosexuality if she should win.
ANTONETTE W: People need to use their time and energy to stomp out sexual predators, child abusers, workplace sexual harassers, murderers, robbers and other malcontents who are destroying Jamaica and stop worrying about what adults do in their bedrooms. Oh, but I guess it's more exciting to gang up, ki-ki-ki-ki and point our hypocritical fingers at gay people rather than look at our imperfect selves.
PIERRE BUCKLEY: ...And so it begins. We are on a slippery slope. Jamaica has the choice to defend their moral tradition come December 29, 2011. Why can't gays understand that they are all welcome to Jamaica, but respect that we will not endorse their lifestyle nor treat it as normal? Is sex such a big part of their lives that we can't live in harmony without them bringing up their sexual orientation?
JAKAN: I have to give it to Portia for saying it BUT I wonder how that plan of hers would work. MPs would be voting by conscience yet by feeling in their constituency and that to me is an impossibility for the two won't jive. Would it not be a waste of time to even try when we know the majority belief? Also, if constituents have a say, why not do a referendum? I get it, we know the result already.
JAMES PITTERSON: The Lord God is Almighty and his words supersedes all. God created Adam and Eve for them to inhabit the earth and to procreate. God is the master of all. He made all things bright and beautiful. He knew what He was doing when he created Adam and Eve. HE is against HOMOSEXUALITY. If HE was for it, HE would not have created Adam and Eve.
JUS IRIE: In hedging his bets on a very controversial issue in Jamaican society Mr Holness has displaying an inability to lead from the front. In so doing, he handed Portia the moral high ground on the issue. The Bible Thumpers can quote verses until they are blue in the face. The good book does not address the issue. Amend the law to protect children; let consulting adults do what they want in privacy, even if it disgusts the rest of us.
COMMON SENSE: ...Over a third of the population have cancer but that does not make it good. We must stand up to the perceived fluffiness of what the first-world countries see in homosexuality. We here in Ja look at the physicality of it, which is disgusting and nasty; it should not even be called sex because the part of the body used for it is not a sexual organ but for waste release. Stand up to the big, bad guys Ja.
MR NEMBHARD: Why is the gay community calling this a victory?? All the lady said is that she'd be willing to put this law up for review, she went on to say how it would be done CLEARLY. The Cabinet ministers would basically have (to consult) their respective constituents on the matter. So, in essence, all would have a chance to individually answer to the question WOULD YOU LIKE THE BUGGERY LAWS TO BE CHANGED?... Yes Or No. The findings would then be brought to Parliament
MELVIN CONSTANT: Why now? Why go against the grain at this time? We should be talking about economic issues that matter. Jamaica is not up for sale. Jamaican people are God-fearing and would not want what happened in the Bible days to come upon them. Be careful how you get votes. We have ears, we know what we hear.
MAROON C: There they go, trying to bring that dirty American way of choosing a leader to our shores. I am appealing to u all, do NOT get caught up in this ungodly way of life. Jamaica is a God-fearing country and we should not loose sight of that. To those who want to join that bandwagon, maybe Portia can arrange for u one of their usual five flights a day to one of those place where people have rights to do wrong.
also see: Vaz gets death threats after gay-funding question to PNP
Frankly speaking I do not like where all this is going and the temperature seems to be unnecessarily being stoked by an enthusiastic media who knows very well that papers sells and interest increases vastly when this issue becomes mainstream. What I have come to see here is that the PNP tried to get the gay vote here but it seems to be backfiring in their faces but with much support from the noveau intelligentsia of the LGBT community who seem to miss in my view the possible fallouts this may have including violence to the least amongst us but those of course can be statistics to prove homophobia in Jamaica, who cares?
One word of advice to Mrs. Miller if you aren't sure of a win in a conscience vote do not suggest one in the first place, we all know the outcome of this if it is moved across the parliament floor in the absence of proper debate, unemotional thinking and proper engagement by the advocacy structure namely JFLAG, now we see why I have been criticising them as we have not sought to clear the air on certain issues including the perception of male homosexuals as paedophiles.
What to Do .....
When Arrested and taken to a Police Station you have the right to: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 Councilc. 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 youThe following may apply:1) Call 119 or go to the station or the police arrives depending on the severity of the injuries2) The report must be about the incident as it happened, once the report is admitted as evidence it becomes the basis for the trial3) 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 evidence6) The court is guided by credible evidence on which it will make it’s finding of facts7) Bolster the credibility of a case by a report from an independent disinterested party.
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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
Steps to take when confronted by the police & your rights compromised:
a) Ask to see a lawyer or Duty Council
b) Only give name and address and no other information until a lawyer is present to assist
c) Try to be polite even if the scenario is tense
d) Don’t do anything to aggravate the situation
e) Every complaint lodged at a police station should be filed and a receipt produced, this is not a legal requirement but an administrative one for the police to track reports
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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