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, December 30, 2011

PNP Wins ................Hope for LGBT People ???

Congratulations to the PNP

As for the question/title many say yes, Pollster Mr. Don Anderson had predicted and gave the People's National Party a lead of over 4%. This is in keeping with the trend which they said they had picked up and experienced on the ground.

Don Anderson had called – 51 seats

PNP – 28 seats

JLP – 23 seats

Unable to call – 12 seats

The PNP, according to Don Anderson, is leading in the 12 constituencies which he is unable to call but 
the results last night were called at around 9pm PNP 41 - JLP 22 and as jubilation set in mixed with awful comments from the LGBT community about other LGBT people who apparently supported the losing Jamaica Labour Party which suggests we have a long way to go in terms of our own so called unity that is so artificial flooded the social networking sites and blackberry services. The Jamaica Labour Party's main office at Belmont Road was described as a graveyard as the news spread. 

The victory added to general election success secured by the PNP in 1955, 1959, 1972, 1976, 1989, 1993, 1997 and 2002.

The JLP won the elections in 1944, 1949, 1962, 1967, 1980, 1983 and 2007.

The hint to the People's National Party leader's conscience vote on buggery albeit not a party position still as was suggested by leader and Prime Minister in waiting Portia Simpson Miller that the Buggery Law should be reviewed came some days before by way of Peter Phillips at a press conference on December 24 and a follow up from Mrs Miller that her administration will not get into people's bedrooms at a meeting in a rural area. The campaign had been scarred since that answer to a question of her agreement or not with former Prime Minister Bruce Golding's Not in My Cabinet rant. She of course disagreed and then proceeded to suggest the conscience vote in parliament similar to the death penalty vote some years ago. then came:

on December 27th came a second press release from the PNP on the issue:

December 27, 2011: The People's National Party (PNP) has labeled as deliberate mischief making by the Jamaica Labour Party (JLP), suggestions that it supports a repealing of the Buggery Act. The PNP says that is not its position.
The PNP says the JLP has been circulating the false assertion about the Party's position on the matter in a desperate bid to make the matter an issue of contention to gain political advantage.

PNP Campaign Director, Dr. Peter Phillips said at a press conference to wrap up the party's campaign today that the PNP has no position to repeal the Buggery Act, and that the issue arose out of a question posed to party leader Portia Simpson Miller during the recent national debate with prime minister and JLP leader, Andrew Holness.

"This arose out of a question and there is no position taken by us of a repeal. We recognize that there are some persons, who for their own partisan political reasons, would wish to distort the Party's position as it relates to the Buggery Act," Dr. Phillips said.

He adds that the Party Leader has proposed a review of the Act, and not a repeal of it.

"During the review, every Member of Parliament will be required to bring to bear on the discussions, the views and the opinion of his or her constituents. At the end of the review, if a vote is to be taken, the vote will be a conscience vote, which means each Member of Parliament will vote according to the directive of his/ her constituents," Dr. Phillips says.

This is in keeping with the position taken by the PNP President, who indicated at the national debate that the people of Jamaica should let their voices be heard on the matter through consultations spearheaded by Members of Parliament, so that a Parliamentary debate and vote on the issue would not be confined to the views of Parliamentarians alone, but rather, would be reflective of the views and will of the people in constituencies across the country.

Responding to questions posed by journalists about accusations leveled on the campaign trail by Daryl Vaz that the PNP had received funding from overseas-based gay rights groups, Phillips said such accusations were not true and a "total fabrication" as the party had in no way supported "any gay agenda".

"This is a total fabrication of Mr. Vaz and his very active imagination and speaks to the desperation in that (the JLP's) campaign," said Phillips.

The PNP will end its election campaign today with a tour of western parishes and culminate with a meeting in the South West St. Andrew constituency of Party Leader, Portia Simpson Miller, followed by a gospel concert at the party's 89 Old Hope Road headquarters.

Since then some LGBT persons have reposed all faith that the PNP will in essence "free up" the buggery law and gay people can be free but in my view it is not so easy as saw the very morning after the leadership debate and the suggestion by Mrs. Simpson Miller on the Buggery review that Christian right movement coming out on the issue while worrying about gay marriage demands following that and even the Ombudsman who is supposed to be an impartial arbiter found himself making what seemed disparaging remarks from his church pulpit in a supposed attempt to influence voting against the People's National Party just days before the polls were opened, Human rights group Jamaicans for Justice came out swinging and had called for his resignation but he replied firstly that he was misquoted by the group this coming some thirty six hours after he was quoted and reported on in news media while he made no attempts to challenge the outlets and to correct the reports but suggested the JFJ was disingenuous and that they should get the tapes of his sermon, he then responded afterwards that he can separate his role as a Bishop from that of Ombudsman and still be an impartial judge when the time came. 

The Jamaica Labour Party's humiliating defeat raises several questions:

Is the Dudus matter still fresh in persons minds that West Kingston although reclaimed by the JLP has lost serious support?

Is this a majority of available votes but still a minority government in terms of national percentages?

Does the LGBT community have to wait till it reaches a conscience vote before action?

What else can be done to encourage discussions on the decriminalization of buggery or its full repeal?

Why was the voter turn out so low despite an aggressive campaign on both fronts?

Did the pink vote have alot to do with it and how so?

Will Mrs Simpson Miller be able to call the conscience vote she hinted to, if ever?

Are the other 40 members of her upcoming cabinet prepared to come out if and when this debate begins, be it in parliament or in the public domain?

Was the feeling that there was not a major crisis the undecided made a decision to stay away from the process?  ... since major crisis pulls out or forces voters to the polls on the day

Were the crowds we saw on the campaign trails travelling muses to present and create an illusion of support (just from core)?

Will the JLP take this humiliating defeat lying down or will there be awful revenge actions?

Has civil society won here in terms of pressure to parties on corruption?

Did the negative ads turn off persons?

Will the JLP brass and followers blame homosexuals for this and launch covert attacks on gays?

What has caused the majority of registered voters to be so aloof and not participate?

Did the technical issues on the day cause voters to turn away as well, including die hards?

Did the previous aid controversies force Mrs Simpson Miller's hand to suggest the buggery law review?

Was the timing of the "gay question" in the leadership debate planted to introduce the matter as a platform issue to get the pink vote?

Will there be violence from the PNP towards JLP strong winners despite their poll victory? as some reports suggest a JLP MP had to seek protection in his own home following threats

Certainly the new administration has its work cut out for it and celebrations will have to be short but some of us in the LGBT community and those on the ground are concerned about any possible perception that homosexuals are responsible for giving the PNP the landslide victory while not taking into account the non interest by the eligible voters and the undecided. Just by scanning the radio stations yesterday callers to phone in shows persons are not happy with the Buggery Law review suggestion but it was not reflected in the vote for the PNP or is it the just the pure satisfaction of seeing the back of the Jamaica Labour Party while in the Christmas and new year's celebrations that have softened that usually strong anti gay anything response? There is also a suggestion that the campaign ads by the Jamaica Labour Party which attempted to paint the People's National Party and the leader Mrs Simpson Miller as incompetent while not presenting any meaningful alternatives of what the JLP intended to do was blamed too for their shocking demise as persons may have arrived at a conclusion of revenge voting to send a message. A message has also been sent I feel to the new administration in waiting that the populace is not prepared to remain supportive if they fail to deliver one term or not as it is the first time any political party has ever been in office for only one term, usually sympathy votes or continuity interests keep a party in power for a second term. The loss of certain key seats too is of major concern, did the Bruce factor as I call it cause that as persons described his successor Andrew Holness as "baby Bruce" hinting to a continuation of the previous agenda but under a new leader.

A conscience vote on buggery should not have even been mentioned I think by Mrs Miller during that leadership debate as at that time of the campaign as we were not sure where the vote would have went, we most certainly never expected a landslide but with a 22 seat majority how many of them are on her side or even actually support the suggestion made by Mrs Miller which to me gave the JLP the ammunition they needed to launch the openly homophobic campaign presentations (she should have kept that in her pocket), but even after strategic interventions and talks to get support for the review and subsequent good reasons for repeal or decriminalization of the act the nation is left to convince and create an air of real tolerance. How much of the other 40 members of parliament on her side will support this? despite the fact that the PNP has voting majority to change deeply entrenched legislation. 

We must not forget the presence some anti gay figures in the PNP who are still in the structure that of former Attorney General A. J Nicholson who supported nearly every anti gay move during his years including the tumultuous years of the Sexual Offences Bill Debates, the Charter of Rights struggles and his open castigation of gay marriage, even Portia Simpson Miller herself sided with Bruce Golding on the no to gay marriage smoke screen after digging my archives I found the presentation by Mrs Simpson Miller in 2009 (poor audio though) where she sided wholeheartedly with the then Prime Minster Bruce Golding (his speech linked) on the banning of gay marriage, gay marriage rights by the way was never asked for by the LGBT advocacy structure but it was dishonestly pushed on the agenda during the Charter of Rights debate then as a smoke screen to deny us recognition in the Charter.

She said on October 20th 2009 - "Mr Speaker when we accepted the final report from the joint select committee that were looking at the bill we were completely satisfied with their recommendation of a provision to restrict marriage and like relationships to one man and one woman within Jamaica and that the provision should be specifically spelt out so that there could be no ambiguity .......... yes one man one woman (laughter in the house) and if you are Jamaican and go overseas the same applies ..........."

Her predecessor former PM and party leader Percival James Patterson, PJ also made it clear that he was not going to legalize buggery in his tenure despite the strong perceptions of his own sexuality, Miss Simpson echoed nicely in the right time as well a sentiment previously expressed by one of PJ's greatest critics radio talk show host Wilmot Perkins who has been constant by saying persons should be hired due to their competence and qualifications than sexual orientation, he even went as far as to call for the repeal of the buggery law, a call he has had to defend vigorously, only this year after the International Day of Tolerance he was scolded for his stance by way of a letter to a newspaper along with several phone calls to his talkshow. 

The JLP early in the game showed their hand via several anti gay slurs some to the unease and disgust of their own supporters who are LGBT though supposedly small in numbers after the leadership debate clearly playing on the national feeling on homosexuality to gain momentum in their campaign but with the putrid, contemptuous and bitter hatred of the Labour party and any other LGBT community members who openly supported them prior to the homophobic moves they undertook it shows there are deep seated feelings that have been stoked by this election and are coming out loudly that seems to be resting on a shaky hope but hope none the less that buggery between consenting adults may be reviewed if not decriminalized. The confusion for some however that the law is going to be lifted by the PNP still exists and seems to be growing while not understanding it was a review with a possible vote in parliament that will follow that was the suggestion. With an already ineffective Jamaica Forum for Lesbians Allsexuals and Gays, JFLAG and other advocates in as far as poor communications and public relations on gay issues both to the community and general society over the years we may find ourselves in a quandry on this sticky matter we would have been in a better position to merge efforts in this seemingly new found enlightenment by the then opposition leader now turned Prime Minister in waiting. Progress? but with some fallout I fear that we never bargained for as we know well whenever this matter reaches the mainstream the more visible stereotyped gay and gender non conformists suffer at the hands of homophobic violence. We should have been better prepared for this, other eventualities and other opportunities so we can move on them when they arise instead of having to worry about strategies, arguing and bucking.

We just have to wait and see as there are other major issues to do with the economy and jobs more so with the outside shocks from the worldwide recession. The cultural dynamic also presents itself as persons tend to prefer bitter medicine from mothers than fathers, matriarchal elements?

The PNP in my view has to be mindful that while it won the majority due to core support it has not gotten a majority mandate from the numbers of persons who were eligible to vote numbered just over 1.6 million with only just over 50% voter turnout, it therefore does not fully represent the majority of the nation and may have some issues later in its tenure despite the numbers in the house to make changes to items that are entrenched in the constitution. Interestingly Guyana is still struggling to get their election results settled while we maturing as we are have settled this so well.
We should learn the lesson of the fragility of hope here as well and how easily people can be turned on or off.

Peace and tolerance


Grace Waite said...

Congratulations, Jamaica, on a drama free Election Day. I am pleased that voters chose the best person for the job. A wise and strong woman can hold us together as a nation. Mr. Holness, unfortunately, lacks a warrior's wisdom and would end up pulling us further into a maelstrom of conflict and desolation as a nation. It is time for us as a nation to look beyond our wants and pay attention to our collective needs. Leadership. Future. Prosperity. The only sad outcome of this election is that Lisa Hanna will be photographed again handing out free chicken back from the trunk of her Mercedes.

AfroGay said...

If the LGBTI in Jamaica plays its cards right, the PNP will have no choice but to tone down the anti-gay rhetoric. Have a look at my assessment - on my blog.

The times, they are changing ...

We watch, we wait ...


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Bad Man Nuh F*** Batty (Masculine Men Don't F*** Ass) (The Fear of The Feminine in JA ) 16.04.15

A look at the fear of the feminine (Effemophobia) by Jamaican standards & how it drives the homo-negative perceptions/homophobia in Jamaican culture/national psyche.

After catching midway a radio discussion on the subject of Jamaica being labelled as homophobic I did a quick look at the long held belief in Jamaica by anti gay advocates, sections of media and homophobes that several murders of alleged gay victims are in fact 'crimes of passion' or have jealousy as their motives but it is not as simple or generalized as that.

Listen without prejudice to this and other podcasts on one of my Soundcloud channels

hear recent pods as well:

Information & Disclaimer

Not all views expressed are those of GJW

This blog contains pictures and images that may be disturbing. As we seek to highlight the plight of victims of homophobic violence here in Jamaica, the purpose of the pics is to show physical evidence of claims of said violence over the years and to bring a voice of the same victims to the world.

Many recover over time, at pains, as relocation and hiding are options in that process. Please view with care or use the Happenings section to select other posts of a different nature.

Not all persons depicted in photos are gay or lesbian and it is not intended to portray them as such, save and except for the relevance of the particular post under which they appear.

Please use the snapshot feature (if available for your device(s) to preview by pointing the cursor at the item(s) of interest. Such item(s) have a small white dialogue box icon appearing to their top right hand side.

God Bless

Other Blogs I write to:

Recent Homophobic Incidents CLICK HERE for related posts/labels from glbtqjamaica's blog & HERE for those I am aware of.


APJ Website Launch & Link

Aphrodite's P.R.I.D.E Jamaica, APJ launched their website on December 1 2015 on World AIDS Day where they hosted a docu-film and after discussions on the film Human Vol 1

audience members interacting during a break in the event

film in progress

visit the new APJ website HERE

See posts on APJ's work: HERE (newer entries will appear first so scroll to see older ones)

The Hypocrisy of Jamaican Anti Gay Groups & Selective Actions of Societal Ills

The selectivity of the anti gay religious voices on so called societal ills is examined in this podcast as other major issues that require the "church" to have spoken up including sexual abuse by pastors in recent times yet mere silence on those matters is highlighted.

Why are these groups and so called child rights activists creating mass hysteria and have so much strength for HOMOSEXUALITY but are quiet on corruption in government, missing children, crime in the country and so much more but want to stop same gender loving persons from enjoying peace of mind and PRIVACY?

Also is the disturbing tactic of deliberately conflating paedophilia with same gender sex as if to suggest reforming the buggery law will cause an influx of buggered children when we know that is NOT TRUE.

MSM/Trans homeless - From gully to graveyard

When are lives interrupted be allowed a real honest chance to move from interruption to independence and stability? I just cannot tell you friends.

An article appeared in the gleaner today that just sent me into sadness mode again with this ugly business of LGBTQI homelessness. The author of the piece needs an intervention too as he (Ryon Jones) uses terms such as cross dressers and or homeless men which if transgender persons are present they cannot be described or seen as such, sigh another clear display of the lack of impact and reach of so called advocacies and advocates who are more interested in parading as working but really aint having much impact as they ought to or claim.

We are told of houses being put together from time in memorial; the Dwayne’s House project seems dead in the water, the Larry Chang (named after a JFLAG cofounder) seems stuck in the mud and Colour Pink’s so called Rainbow House seems insignificant in relation to the size and scope of the national problem. JFLAG as presented on this blog is obviously not interested in getting their hands dirty really on homelessness save and except for using the populations as cannon fodder and delegating same; as far as I am concerned presenting them as victims of homophobia which is true but where are the programs and the perceived millions donated or granted since President Obama’s visit to address LGBTQ matters?


Dr Shelly Ann Weeks on Homophobia - What are we afraid of?

Former host of Dr Sexy Live on Nationwide radio and Sexologist tackles in a simplistic but to the point style homophobia and asks the poignant question of the age, What really are we as a nation afraid of?

It seems like homosexuality is on everyone's tongue. From articles in the newspapers to countless news stories and commentaries, it seems like everyone is talking about the gays. Since Jamaica identifies as a Christian nation, the obvious thought about homosexuality is that it is wrong but only male homosexuality seems to influence the more passionate responses. It seems we are more open to accepting lesbianism but gay men are greeted with much disapproval.

Dancehall has certainly been very clear where it stands when it comes to this issue with various songs voicing clear condemnation of this lifestyle. Currently, quite a few artistes are facing continuous protests because of their anti-gay lyrics. Even the law makers are involved in the gayness as there have been several calls for the repeal of the buggery law. Recently Parliament announced plans to review the Sexual Offences Act which, I am sure, will no doubt address homosexuality.

Jamaica has been described as a homophobic nation. The question I want to ask is: What are we afraid of? There are usually many reasons why homosexuality is such a pain in the a@. Here are some of the more popular arguments MORE HERE

also see:
Dr Shelly Ann Weeks on Gender Identity & Sexual Orientation

Sexuality - What is yours?

The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria

Just as I researched on-line in NOT EVEN five minutes and found a plethora of information and FACTS on Sexual Grooming (and thanks to Dr Karen Carpenter for some valuable insight I found out what Sexual Grooming was) so too must these fanatics go and do the same and stop creating panic in the country.

The hysteria continues from the Professor Bain so called protests to protect freedom of speech and bites at the credibility of the LGBT lobby collectively continues via Duppies Dupe UWI articles when the bigger principle of the conflict of interest in regards to the greater imperative of removing/preserving archaic buggery laws in the Caribbean dependent on which side one sits is of greater import when the professor’s court testimony in Belize went against the imperative of CHART/PANCAP goals is the more germane matter of which he was former head now temporarily reinstated via a court ex-parte injunction. The unnecessary uproar and shouting from the same hysterical uninformed quarters claiming moral concerns ....... MORE CLICK HERE

also see if you can

JFLAG Excludes Homeless MSM from IDAHOT Symposium on Homelessness


In a shocking move JFLAG decided not to invite or include homeless MSM in their IDAHO activity for 2013 thus leaving many in wonderment as to the reason for their existence or if the symposium was for "experts" only while offering mere tokenism to homeless persons in the reported feeding program. LISTEN TO THE AUDIO ENTRY HERE sad that the activity was also named in honour of one of JFLAG's founders who joined the event via Skype only to realize the issue he held so dear in his time was treated with such disrespect and dishonor. Have LGBT NGOs lost their way and are so mainstream they have forgotten their true calling?

also see a flashback to some of the issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless LGBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

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


see previous entries on LGBT Homelessness from the Wordpress Blog HERE

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

Vacant at Last! ShoemakerGully: Displaced MSM/Trans Persons were is cleared December 2014

CVM TV carried a raid and subsequent temporary blockade exercise of the Shoemaker Gully in the New Kingston district as the authorities respond to the bad eggs in the group of homeless/displaced or idling MSM/Trans persons who loiter there for years.

Question is what will happen to the population now as they struggle for a roof over their heads and food etc. The Superintendent who proposed a shelter idea (that seemingly has been ignored by JFLAG et al) was the one who led the raid/eviction.

Also see:

the CVM NEWS Story HERE on the eviction/raid taken by the police

also see a flashback to some of the troubling issues with the populations and the descending relationships between JASL, JFLAG and the displaced/homeless GBT youth in New Kingston: Rowdy Gays Strike - J-FLAG Abandons Raucous Homosexuals Misbehaving In New Kingston

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


see previous entries on LGBT Homelessness from the Wordpress Blog HERE

May 22, 2015, see: MP Seeks Solutions For Homeless Gay Youth In New Kingston

New Kingston Cop Proposes Shelter for Shoemaker Gully LGBT Homeless Population

Superintendent Murdock

The same cop who has factored in so many run-ins with the youngsters in the Shoemaker Gully (often described as a sewer by some activists) has delivered on a promise of his powerpoint presentation on a solution to the issue in New Kingston, problem is it is the same folks who abandoned the men (their predecessors) from the powerful cogs of LGBT/HIV that are in earshot of his plan.

This ugly business of LGBTQ homelessness and displacements or self imposed exile by persons has had several solutions put forth, problem is the non state actors in particular do not want to get their hands dirty as the more combative and political issues to do with buggery's decriminalization or repeal have risen to the level of importance more so than this. Let us also remember this is like the umpteenth meeting with the cops, some of the LGBT homeless persons and the advocacy structure.

Remember JFLAG's exclusion of the group from that IDAHO symposium on LGBT homelessess? See HERE, how can we ask the same people who only want to academise and editorialise the issue to also try to address their own when they do not want to get their hands dirty but publish wonderful reports as was done earlier this month, see HERE: (re)Presenting and Redressing LGBT Homelessness in Jamaica: Towards a Multifaceted Approach to Addressing Anti-Gay Related Displacement also LGBT homelessness has always been with us from the records of Gay Freedom Movement(1974) to present but the current issues started from 2009, see: The Quietus ……… The Safe House Project Closes and The Ultimatum on December 30, 2009 as carried on sister blog Gay Jamaica Watch. CLICK HERE for FULL post of this story.

Gender Identity/Transgederism Radio discussion Jamaica March 2014

Radio program Everywoman on Nationwide Radio 90FM March 20th 2014 with Dr Karen Carpenter as stand-in host with a transgender activist and co-founder of Aphrodite's P.R.I.D.E Jamaica and a gender non conforming/lesbian guest as well on the matters of identity, sex reassignment surgery and transexuality.

CLICK HERE for a recording of the show


As promised here is another periodical update on an income generating/diligence building project now in effect for some now seven former homeless and displaced MSM in St Catherine, it originally had twelve persons but some have gotten jobs elsewhere, others have simply walked away and one has relocated to another parish, to date their weed whacking earning business capacity has been struggling as previous posts on the subject has brought to bear.

Although some LGBT persons residing in the parish have been approached by yours truly and others to increase client count for the men costs such as gas and maintenance of the four machines that are rotated between the enrolled men are rising weekly literally while the demand is instead decreasing due to various reasons.

Newstalk 93FM's Issues On Fire: Polygamy Should Be Legalized In Jamaica 08.04.14

debate by hosts and UWI students on the weekly program Issues on Fire on legalizing polygamy with Jamaica's multiple partner cultural norms this debate is timely.

Also with recent public discourse on polyamorous relationships, threesomes (FAME FM Uncensored) and on social.

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.

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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


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.

John Maxwell's House