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

Sunday, March 18, 2012

PNP's Damion Crawford says it's highly unlikely buggery review will happen ........ it's not important now



Damion Crawford State Minister in the ministry of tourism in a follow up interview on CVM TV’s Direct with host Garfield Burford on Wednesday March 13th tried to explain his recent comments at a function that was carried as a news item on the same television station on the proposed Buggery Law Review by his boss Prime Minister Portia Simpson Prime Minister Miller who in the run up to the last general elections suggested a review of the law along with a conscience vote on the matter. Mr. Crawford as extensively reported in a previous post has satirically suggested that no gay member of parliament is going to come forward and he doubted that the issue would be even raised in parliament.


Damion Crawford PNP Member of Parliament

In what now seems a PR stint on the face of it or some sort of damage control in light of the perception given that the review of the law would automatically mean a repeal he seems to be capitalizing on this. Bearing in mind also the other perception though not in essence true in that of the supposed 100 day ultimatum given by none other than JFLAG in a botched interview which was interpreted as such leaving the group to be putting out fires in sections of the media as the public became somewhat incensed as to the perceived demand. It is just over seventy days since the new PNP administration is in power.

Considering the issue of Mr Crawford’s cynicism and the Don Anderson recent poll commissioned by CVM TV which gagded the views of 1000 Jamaicans on the buggery issue the question was posed “What would be your perception of the government if it were to repeal or review the buggery law?”



video

Most respondents said they would be less favourably inclined amounting to 61% with 9% not responding to the question while 7% responding favourably while 23% saying it would not make a difference. Why did Mr. Crawford take on this issue at this time? He responded in the opening of the interview that he was not against the review he said what he was trying to prove was that people have power over parliamentarians and that parliamentarians are aware of the people’s views and may not want to move in that direction in fear of losing support. “Why aren't they using that same power to ensure education is treated in a particular way?” he asked hinting in my view that the buggery law is not important at this time if at all and tacitly contradicting himself when he said he was not against a review. “At the end of the day it is unlikely that a politician will seek to vote in favour of removing the buggery law because he feels he will lose favour with the people, however they can do other things that are essential and more influential on our daily lives ..... that we are unwilling to exhibit that same power ....” he tried to say that the people’s power should be more widespread not just to this issue.

He continued in answering Garfield “Why did Mrs Simpson Miller in your view say this in the debate?” “There is nothing wrong with saying that you’ll have a conscience vote Mrs Simpson Miller understands that it is about a group ........... to have all us say what we perceive or are picking up from our constituents nothing is wrong with that, I could not have understood how it automatically became that she was in favour of a repeal, you don’t even know what her conscience vote would say, therefore to say that we will have a vote in parliament I can’t see anything wrong with that.”

“If the majority of parliamentarians based on their conscience feels that it should be reviewed then it would be reviewed so therefore the possibility would exist once you have a vote on it once it is considered, again it doesn’t mean that her inclination is there or not there, what we’re saying is that her substantive point is she was not going use someone’s sexuality to decide if they are capable or incapable that was the essence of the question, would she have a person of homosexual view in the cabinet, she says she wasn’t going to research that person’s sexuality and that is fear, I am not going to research somebody’s sexuality to see if you’re homosexual or not and then to say you are ineligible to be employed, I don’t think that that is right. The fact that you don’t support a type of life style it doesn’t mean that that person should be punished by the society in any way and that’s what she was saying.”

In as far being diametrically opposed to the Golding not in my cabinet pronouncement he said that there are many other things former PM Golding stood for and the PNP in disagreement so that would be nothing new “What we want in our cabinet is to have people with the greatest ability to achieve the goals of the country.” He said he was not Rastafarian by faith but wears his hair in respect to his father as he is but he (Damion) does not subscribe to Haille Selassie being God.
He tried to also represent the point that the same zeal used by the public to oppose the buggery law should also be applied to education, health care and others as the people are not sufficiently interested. “But this one issue is the one that everybody is totally concerned about, I want them to transfer some of that concern and some of that influence to all the other issues.”

Host Garfield Burford then asked a more profound question: “Do you think in your own view as one of the younger members of parliament and a first time member of parliament that there will ever be a point in Jamaica where views change significantly in this area of homosexuality?” (to me a yes or no answer) he responded “I don’t know, sometimes the more one group pushes the more it is resisted, sometimes that is the case, the reality of the situation is that Jamaica has no homosexual laws, buggery is the law that speaks to penile and anal interaction, it means therefore that if a male buggers a female he can equally be arrested ......... a lesbian couple can’t be charged with buggery ............ if anything it is a sexist law more than an anti homosexual law because women can’t be charged with it but men can with it, it’s the same with rape for example doesn’t mean therefore that rape should be taken off the books, so the argument being put forward of the buggery law as a anti homosexual thing isn’t in itself correct.”

Garfield Burford: “How do you think that should be corrected, because you say that it’s sort of sexist law?” Mr Crawford replied “No I don’t see it as sexist I am saying that if there is any claim, it’s the same as men can rape but women can’t rape so therefore it’s not like I am perceiving it as sexist ............ if there is any prejudice it would not be against sexual orientation it would be against gender, the reality of the situation is that the concept that because of the buggery law is proof that we are anti homosexual is falsehood because it doesn’t apply only ....... the reality of the situation is that any parliamentarian in my mind represents the views of the people, I am elected as a representative ............... when they refer to me they say representative from East Rural St Andrew, it is therefore above me therefore having been elected to represent my own views then become superior to the views of the populace, I must represent the views of the majority in my constituency (Garfield Burford interjects: “...presumably Mrs Simpson Miller as Prime Minister she represents by that argument taken to its logical conclusion she must represent the majority of the views of the people of Jamaica?”) she will represent the views firstly of her constituency, now when the amalgamation of all representatives come together she automatically represents the view of the country .”

Garfield Burford: “What about the argument then that because the majority of persons in Jamaica are still opposed to any review or repeal of the buggery law then she should perhaps not try to have members who are gay, homosexual in her cabinet?”

Crawford said: “What I just said to you that buggery and homosexuality are not automatic, so therefore that don’t mean that, the fact of the matter is that is there a process to ascertain with certainty that a person is of a particular sexual persuasion? (he replied no) ....... you cannot look at man or female and automatically know their sexual preferences. We had never had a situation where there is a self confessed politician victorious in the first place and then secondly to be considered there, the question seemed to have arisen out of the pigment of someone’s imagination, more so that one that is of great importance to the development of the nation ........... In the same way that we have consistently have parliament who are afraid and unwilling to touch the buggery law because of the perception that it is automatically homosexual accommodation is in the same way that we shouldn’t have a system that is turning out two children that can’t read very good and one children that can read” (his actual words)

He erred at a point in the interview where he said in response to a question posed on the gay community’s desire to have the law reviewed. He described the so called majority as normal, “There are many things that many people want within a society, the government has a responsibility I believe for the greater good for the greater majority at this point for some reason right which by socialization or otherwise ........... The normal Jamaican is not, sorry, the average Jamaican is not in support of a repeal, it is our responsibility .......... a review in my mind it doesn’t affect the reality, people should be open to the review but then the outcome based on the point I am making of the people’s power will be that very, I predict zero politicians would be willing to risk their political careers based on the people’s influence and that is the central point, the people’s influence is great and this is the evidence of it, they therefore should use that influence to change more important things, what are the most important things facing this country right now? The most important thing facing us is the ability for our children to go through school and come and being equipped to survive in a new society, a knowledge society, why therefore are we not paying equal attention as a people to that? Why are we not paying equal attention to health policies? And so what I was saying in the conversation we were having at the presentation was people power is further than the election, it goes to the governance because the politician can only act in ways that he perceives will find greatest favour with people if he is to be successful as a politician.”

Mr Burford asked Mr Crawford if Mrs Simpson Miller in the last general election was trying to straddle the fence or appeal to both gay voters and otherwise? The question was posed on the perception that there is a powerful homosexual lobby in Jamaica who want a review of the buggery law, was she trying to be politically expedient? Mr Crawford replied “remember you know her point was we , she was not willing to research someone’s sexuality to hire, it was a follow up question that then she said yes, she’d be willing to review and each representative by extension each individual if it is supposed to be in the best case because I’m supposed to represent the views of my people therefore if in such a review I should go and interact with my constituents and so should the other 63 (there are 63 seats in parliament) and come with a consensus from the constituents and so therefore the nation would have had their say on it, we could have a referendum for example which is another form of review, the point that you are willing to review is not pondering to both sides because the outcome will be either or this is an outcome that can be a middle ground outcome, it’s not a grey area, it is either it is repealed or not repealed.”

He confirmed that there has been no moves on the issue since the party has come to power some two months plus, “nothing has been moved in parliament to my knowledge.” As for JFLAG and the perceived 100 day ultimatum which they tried to clear up after a media report presented a radio interview as such Mr Crawford suggested again that other groups are lobbying for their own causes such as the Private Sector Organization of Jamaica, PSOJ, “there are always groups in society that want different things. I want for example for sign language to be taught in schools. They are some persons who want marijuana to be legalized, that fact that a group wants some movement don’t mean automatically that we can all have it in two months”

Then came the other million dollar question by Mr Burford for some despite denials to that effect, “Did the party get any help financially assistance, contributions from the gay community because of Mrs Simpson Miller’s statement in that debate?” Mr Crawford responded “Not to my knowledge, no, I don’t know, I wasn’t the centre of that I was busy on the road walking up and down but I don’t know of any contributions from any particular group because of that statement and if so they would have misread the statement because a review can’t be sufficient, there was a review of hanging what has happened since” He continued “The context is that we have politically for reasons and otherwise seem to come to a conclusion that a review automatically means a repeal and it is in my mind because of the influence of the people that that is highly unlikely.”

The interview steered to tourism issues.

The somewhat cumbersome roundabout answering of direct questions (as the program is themed) is worrisome to me and the shifting goalposts too. On one hand he is calling for the public to be as energized on other national issues but on the other he is dismissing the review of the buggery law as unimportant while expressing the long held fear factor by his predecessors of directly confronting this issue bearing in mind that albeit the promise by his boss Prime Minister Portia Simpson Miller (the she was opposition leader) did not stop the PNP from winning but then again there was electorate burn out and disillusionment with the poor performances overall of both political parties. The nation was also weary from the protracted Manatt Dudus commission affair so only core voters came out on election day for the PNP while the incumbent supporters ate all the food and revelled on the campaign trail making the party thinking it had a second term in the bag but they didn’t vote on the day when it mattered.

Strange circumstances here I think, what is the purpose of Mr Crawford standing alone publicly on this matter when none of his other PNP colleagues have responded publicly so far?

Is this a diversion or a delay tactic? 

Mr. Crawford seems to have forgotten his question he asked at that function where he said, "Which Government you think is going to try to legalize homosexuality?" where he answered "none of us are going to try to do it," with the crowd laughing in jest and he encouraged them by saying "Not just of out probability there must be even one homosexual in the parliament but him nah go raise up him hand cause de people nuh inna dat" [he is not going to raise his hands because the people are not into that] yet in the above transcript he tries to paint a picture to say buggery and homosexuality are not synonymous, what gives here, really? Can we conclude that the promise by Mrs Simpson Miller was just that? Another promise?

for some background on the JFLAG 100 day demand misconception go here: 

JFLAG wants PNP to discuss Buggery Law within 100 days of assuming office


As for JFLAG ………… mistakes such as granting a telephone interview (sans any consultations with the community I might add) to the media in a “hot environment” when homosexuality or related matters are in the public domain is a no no, all the J should have done was waited and not mention anything at all to do with any time line in any way, shape or form now for it to be misrepresented as an ultimatum. We have had previous misconceptions before of JFLAG’s position by media and one would have thought that as a former media participant himself the Executive Director of JFLAG Mr. Lewis would have known the ins and outs of local media with regards to hot button issues such as this. The San Francisco boycott some years ago and the suggested EGALE tourism boycott as well are prime examples of learning curves for the group and speaking just a little too much but when it’s time to speak there is silence. How many mistakes are there to be made before it is perfected? one never knows.

Let us also keep in sight the press release from the PNP days following the suggestion by then opposition leader Simpson Miller, the general secretary Peter Phillips had said " .........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........”

Bear this in mind as well, 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 at that time 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. The clause that had discrimination as an infraction then was also removed from the draft prior to this speech after successful lobbying by none other than the Lawyers’ Christian Fellowship with support from none other than reverend Al Miller.

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 ……….."

Has Prime Minister Simpson Miller changed her mind or is evolving as President Obama did and is moving towards having the review done?


I would much rather be certain of this than having to be getting unpredictable moves by politicians.



Peace and tolerance

H

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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.

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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

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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?

More HERE

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.

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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



Reminder

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

GLBTQJA (Blogger): 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.

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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

GLBTQJA (Blogger): 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

BUSINESS DOWNTURN FOR THE WEED-WHACKING PROJECT FOR FORMER DISPLACED ST CATHERINE MSM



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

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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.


John Maxwell's House