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GLBTQ Jamaica 2011 Summary 02.01.12 (AUDIO)

Thursday, February 2, 2012

Questions For Maurice Tomlinson (Gleaner letter) .........

As the furor in a sense continues over former local advocate and lawyer Maurice Tomlinson controversial departure from Jamaica in the form of asylum in Canada and a marriage which he complained that photos were published of his wedding that originally occured way back in August 2011 yet he supplied them to the Star News Canada while the local newspaper simply republished them. Some persons have been vigorously trying to defend his actions obviously missing the point of ethical professionalism needed and missing in this latest open blunder and is reflective of the self serving nature of our or so self appointed representatives when most of the time they speak on our behalf supposedly without any meaningful consultation for a more balanced points of view from the LGBTQIQ2S body politic.


Was this letter even penned by a member of the community really or a homophobe posing as such? 

As for his students well they are up in knots along with the administration of the University of Technology, here is the letter from a member of the community, pity their name was not placed. Also what is glaring is that other former activists have left Jamaica without any cloudy and controversial circumstances as the reasons for their departure was clear as crystal to everyone. The letter reads as follows:



Questions For Maurice Tomlinson
THE EDITOR, Sir:

IN YOUR editorial on Tuesday, you made mention of the fact that as law students, those who Maurice Tomlinson teach should take into consideration Section 13 (3)(a) of the Charter of Rights in Jamaica's Constitution which speaks about the right to life. As a member of the Lesbian Bisexual Gay and Transgender community, I know all to well the negativity, such as threats and physical attacks, that we as lesbians and gays have to go through at times.

I can also relate to what the students are going through, especially those who have to work while attending school.

I might get a backlash from the community for what I'm about to say, but who gives a damn?

Mr Tomlinson, being a well-known activist, is fully aware of the dangers members of the community face, and as a well-thinking adult, he could have gone about things differently. There's no way his marriage could have remained a secret with him being a well-known activist, and more recently, with him receiving the David Cato award. Mr Tomlinson should have foreseen the current events. It's no business of mine what goes on in Mr Tomlinson's personal life, but he needs to answer a few questions.

1. Why didn't you put a plan in place for your students in the event of incidents like this?

2. Why couldn't you have ended the semester and then take care of your personal life (your wedding)?

3. I'm sure you are capable of using our current technology. Why didn't you plan webinars and make use of various related tools for your students?

It was very rude of Mr Tomlinson to just tell his students to sit in with other lecturer(s).

I'd be very upset too.

Concerned Gay

ENDS

Also see the post below for more as there have been other members of the community including the intelligentsia who have expressed some outrage at the whole matter and the timing of the wedding article, the timing of the departure of Mr Tomlinson from Jamaica (January 10, 2012) and then the subsequent travel to London to collect the David Kato award and cash grant along with it just looks too suspicious and manipulative of the systems for personal gain. The systems seemed to have been worked especially the lobby for the award in London so enough publicity had to be done via TV appearances and a leaked hint to the wedding in Canada which originally took place in August.


This comment when first made/posted was deleted from a Facebook group where JFLAG operatives converge by one of the administrators who work with the organization I have since gathered. Another dangerous precedence for muzzling and or dictatorship and the prescriptive nature to the rest of the community? yet we ask for tolerance elsewhere.

it stated:
Frankly, from reading this article, I don't get a sense of someone who's been forced to "flee". People who "flee" don't have a return date scheduled. If someone is fleeing for their life because of circumstances beyond control, how exactly did he suddenly regain enough control to be able to"schedule" when his safety concerns had been resolved? What I do get a sense of is someone who's taking advantage of the reputation that Jamaica has gained, and using it to his own ends. That is, how convenient that such "safety concerns" emerge as significant right around the same time when he goes to London to go pick up his award?
http://www.gaystarnews.com/article/jamaican-activist-tomlinson-wins-first-david-kato-award

And who told the newspaper that he was away from work? Let me guess....

Suffice it to say, this story reeks of unprofessional and unethical behaviour on Maurice's part. It may well be that faculty members in Jamaica can and do mistreat students however they want - cancel classes, don't show up, don't give the students their grades, etc. - with no repercussions. But to use homophobia as the excuse for not showing up, ad to have the administration in knots over how to deal with this crisis, when I'm sure they sense that things are not as they appear - that is beyond selfish and self-involved.

I am totally sick and tired of lgbt Jamaican individuals manipulating the already hostile situation at home by making themselves into scapegoats and victims, just so they can appropriate resources and attention for themselves. I was wondering where the leaked story of the wedding was going, and I can already see.

In my opinion, there needs to be a total news lockout against Maurice Tomlinson unless what he's talking about or doing DIRECTLY involves broader community, and there's sufficient corroboration of his accounts. He is being very manipulative in his conduct, and is harming the movement in many ways. Others have pulled similar stunts in the past, but Maurice is taking the situation to a whole other level. And he's counting on the silence and gullibility of lgbt Jamaicans as well as the fears of straight people to help him accomplish whatever he's set his mind to, and which won't benefit anyone but himself. Enough already."


Obviously this one is being kept alive as the letter above is published by the Gleaner. While some days ago Mr Tomlinson gave a statement via AIDSFREEWORLD 

Remarks by Maurice Tomlinson, AIDS-Free World’s Legal Advisor on Marginalized Groups, upon receiving the inaugural ‘David Kato Vision and Voice Award’ London, UK, January 29, 2012, 6:00 PM


more on audio


Peace and tolerance


H

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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 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.

Gays Without Borders

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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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