A GAY MAN'S VIEWPOINTS FROM INSIDE JAMAICA OUT, SERVING MINT TEA FI DI JAMAICAN SUH - for same gender lovin yard men,HIV/AIDS INFORMATION,EXAMINING ISSUES PERTINENT TO GAY MEN,REVIEW OF HOMOPHOBIC VIOLENCE & THE VICTIMS' LIVES,POSITIVE WORDS OF ENCOURAGEMENT FAIRNESS & TOLERANCE. HARD HITTING POSTS, lgbtevent@gmail.com OR glbtqjamaica@live.com, Mr. H
What kind of cleasning practice do you follow?
The Safe House 2009 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 men in Kingston in 2007/8/9, a review of the relevance of the project and the possible avoidance of present issues with some of its previous residents if it were kept open.
Recorded June 12, 2013
I tend to agree with common sense Jamaica that it is strange that there has been no detailed analysis of this government's first 100 days in office by the mainstream media except on radio to some extent via Nationwide FM so far, which is something that we have grown accustom to albeit there was no clear guide from the party what they wanted to achieve in this traditional marker for new administrations neither is there any word from the nouveau intelligentsia of the LGBT community who can be so eloquent on issues they selectively speak on. The indications are not looking good and certainly the promised buggery review looks way off the marker since the swearing in of the PM on January 5, 2012.
The analysis would normally walk through the good, the bad and the ugly of a new government, but it looks like the media has decided to give the PNP another “blye” by failing to highlight the situation in Jamaica after 100 days of PNP rule. Since everyone so far appears to be PNP shy, I have decided to do my own look at the first 100 days of PNP rule. The PNP manifesto during the election campaign in late 2011 listed a raft of wonderful items but when assuming office the realities seem to have set in and maybe all those promises are out the window.
Observer Columnist Mark Wignall rated the administration a 5 out of 10 with his highest rating going to Minister Phillip Paulwell for the energy issues he is trying to solve on a radio interview today 13.04.12 but then again a promise that general consumption tax on electricity bills would be reduced for home users who use under 200 kilowatt hours yet the same minister being praised announced in the house that it may not be possible now as government coffers may loose big.
The PM announced a bloated cabinet of 20 members, which is one of the largest we have seen in modern Jamaica which is yet to be justified. JEEP eventually got off the ground employing a couple hundred persons with a budget of $4b but only in three areas, the other projects are yet to be determined and launched. We have had mass confusion with the budgetary process , with the minister of finance cutting $21b from the budget only to return 2 weeks later and added $10b to the budget he just tabled. Murders have been on the up, however there is light at the end of the tunnel, given the fact that March numbers were the lowest we have seen since 2003 while sexual abuses sky rocket. We have failed to secure an IMF agreement despite promises to have a new agreement negotiated in a hurry and having 3 months of negotiations.
Then there is the:
The promised buggery review (even with the botched JFLAG 100 day ultimatum) has not materialised instead a member of parliament makes snide remarks at a function on the issue then tries to do some damage control (see HERE and HERE for more or below)
Let us also remember the JFLAG interview they granted to media that in their words was misconstrued as an ultimatum, The Jamaica Forum for Lesbians Allsexuals and Gays JFLAG sans seriously consulting the community’s views on the Prime Minister promised review the Buggery Law and heading to a conscience vote had caused some upset in sections of the community who are saying the J should keep quiet and wait, let Sista P as Mrs Simpson is affectionately called deal with other serious issues first such as the economy and jobs then on the other rights for gays etc. When the group is to speak it is silent, just in December 2011 the brutal murders of two lesbians and up until today not an official word or recognition of the lives lost on the backdrop of same gender loving women’s issues and the increasing abuses against them, a trend we have been seeing since 2007 with corrective rapes, attempted abductions, forced evictions and beatings of butch identified women. Here is Executive Director of the J, Dane Lewis
Dane Lewis Executive Director of the J told CVM TV that he expected the issues to begin to placed on the table within 100 days, “To be realistic we would imagine within the first 100 days the issue could be raised we can look at how to proceed,” Mr Lewis said while JFLAG is not expecting a conscience vote to repeal the buggery law within the first 100 days discussions are important as Jamaica has a 2012 deadline to meet according to the international covenant on human rights, “….one of the leading recommendations made in November last year was that Jamaica should report by 2012 on what concrete steps to removal of discriminatory laws,” Mr Lewis said.
According to Mr. Lewis at the time JFLAG is willing to make small steps in acquiring legal recognition for homosexuals he says although gay marriage is legalized overseas, "JFLAG is not pursuing that as part of its lobby at this time, …gay marriage is certainly not an item on our agenda, we still have a large issue of discrimination …. people are being evicted from their homes, people are being physically abused because of their sexual orientation and we want to begin to address those issues.”
He acknowledges that the discussion of gay rights will be met with strong public opposition however he says as was demonstrated by Mrs Simpson Miller we should be strident in dealing with issues impeding human rights, a solution to the issues concerning gay rights will help to deal with HIV/AIDS ………… 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.
But Mrs Simpson Miller did clarify her position during the election campaign which has me hopeful in a sense where she said her government won't seek to get into people's bedrooms (then again as long as the buggery law remains under the PNP's watch they are already in our bedrooms)
More PNP performance issues
The government has failed to create a economic plan for the country and this has resulted in the budget being delayed for 6 weeks.
The Jamaican dollar has began to depreciate once gain and now stands at $87.37 to the US$. Thousands of Jamaicans were exposed to toxic fumes for days, while the government twiddled its thumbs in addressing the fire at riverton city dump, while telling us air quality were at acceptable levels. The PNP annihilated the JLP in the local government elections, for yet another electoral victory. There has been no role back in GCT on electricity as promised. Instead of National Energy Council, we have added three persons to the payroll in putting together an Economic Advisory Council to create a financial and economic plan for the country. We get the feeling the country is in a wait and see mode and businesses has stalled important projects because they have no idea of what plans the PNP has for the country at this stage. The international markets are playing a wait and see attitude , waiting to see what is next. Most JDIP projetcs have been stalled, which will result in millions of dollars in cost overruns The much touted JDIP audit is yet to begin. The Contractor General cannot get details required on JEEP and is concerned about accountability on this program. Peter Phillips said no massive job cuts in the public sector, but persons are already being let go, quietly. We have seen growth in the first quarter of 2012 despite the fact that the GOJ contributed very little in terms of policies to gain this growth. PNP said they would work with Petrojam to drive prices down, but the Minister say Petrojam pricing mechanism is just fine. PNP said it would improve community policy to enhance security of the citizens of Jamaica. Instead the police have done a 180 and has gone on a murderous campaign and in so doing has snuffed out the lives of over 60 Jamaicans since the start of the year. With the Minister of National Security failing at his job the COP has stepped in and made changes to the ” use of force ” policy.
Let us stop here for now so the lazy media can complete the rest of the analysis.
If I where to give the government a rating on a scale from A – F, they would be given an D for their performance thus far. The PM appears to be hopeless, just going around making announcements, but there has been no real movement to implement much ,despite all the talk. The National Security Minister was just rescued by the Commissioner of Police , having seen completely out of sea with his portfolio responsibilities. The Minister of Finance is way over his head and drowning and has been just thrown and life jacket in the form of an advisory council. The Minister of Foreign affairs said he wants to restore Jamaican’s image on the international scene after it was destroyed by the JLP, but proceeded to ask that Jamaica be removed from middle income country status and replaced with poor income country status, so we can get ” free” money to waste. Seems Dr Phillips and the PM was not listening to AG, because a delay of 6 weeks in bring a budget to parliament does NOTHING to improve our international image. The Minister of Climate change sat by silently while Jamaicans were being poisoned by the toxic fumes from Riverton City fire, he only last week apologized to the country for doing nothing. Seems like he completely misunderstood his role, which was to slow climate change instead of hastening it, after so many complaints and public discussion on the matter. The Minister of Local Government sought to continue to pork barrel mentality by terminating the security arrangements at the NSWMA and seeking to employ a firm with a known party supporter as principal to take over the responsibility. The OCG stepped in and demanded answer, we are not sure if all those answers have been provided.
What seems to be an orchestrated set of circumstances to embarrass the opposition via civic ceremonies that include booing outgoing representatives oh and that missing green at the Montego Bay mayor's swearing in ceremony messing with national symbols is a low blow with the paltry excuse that there was not enough materials and not a sound from the leadership of the party on the issue.
The first 100 has not been a complete disaster, but surely it has been a very unsteady start. When and how fast are we going to deal and gel the issues together?
Will we ever see the buggery law reviewed in the face of a poll on CVM regarding perception of the administration if they decide to do so knowing how sensitive this issue is and how political fortunes hang in the balance and the fear of losing power?
CVM TV Poll 2012
The opposition continues to lick its wounds following the double defeats both at the general and local government elections. Then again the PNP needs to learn the lesson the JLP was taught, do not get cocky or they too may only be a one term government, the missing colour flag issue is showing the PNP to becoming just that, very complacent where it believes its image will not be affected
Still early days yet so our hopes for decriminalization must not be dashed but we may have a very long wait.
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.
Taboo...Yardies Trailer
The concept of the documentary Taboo...Yardies is to explore the perception of Jamaica as an Island that is saturated with homophobia by providing Jamaicans who are pro, con and everywhere in between this highly controversial issue. These are the voices of those who dare to speak up and out on human rights.
(Literally for every size hoe, there is a stick that size out there in the bushes for it. Further, there is someone/something out there for ...
Atheism & Secularism may cloud the struggle for lgbt rights in Jamaica
recent discussions seem to cloud the thrust for advocacy in regards to decriminalization of buggery and privacy rights for same gender loving people
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 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
National attitudes to gays survey shows 78% of J'cans say NO to buggery repeal
My two cents on the recent survey of attitudes towards homosexuality as funded by AIDSFREEWORLD and sanctioned by JFLAG, was this study needed when we already know this just by observing the events on the ground? Positions have in fact hardened it seems since the suggestion by Prime Minister Simpson Miller of a review of the Buggery Law
My Dirty Little Secret
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We all have secrets. You know the kind of things you don’t want the world
to know. The kind of things you do your best to hide from people. We all
have ...
Bathrooms Are Not Separate-But-Equal
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From The New Republic:
http://www.newrepublic.com/article/113454/maine-supreme-court-decide-transgender-student-bathroom-case#
A Maine court case signals ...
Diane Wells (1953 - ) trustfunder
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Constance (1922 - 2007) was born in South Africa. Her father, a mining
engineer who made his money in the diamond business, set up a trust fund
for her. Sh...
Gays Born, Not Made, response to anti gay Rev Espeut
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Following an article in the Gleaner recently a response has come via that
medium in a short letter (too short in my view) but to the point to the
Reverend ...
Natural? Yes! - Abnormal? Yes!
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Goodness, reading stuff from gay activists is sometimes as annoying as
reading stuff from religious fanatics. There has been this fight between
the two si...
Gay Rights Clash with the Freedom to be Intolerant
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In a June 9 column titled ‘Gay Rights and Free Speech’, the erudite Ian
Boyne argued for an unfettered right to free speech, even if that speech
dehumanize...
Jide Who Played Jesus to be Ordained
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*MEDIA *INFORMATION
*NEWS FROM THE EAST HAM TEAM*
For Immediate Use
11 June 2013
*Jide who played Jesus to be ordained*
The man who played Jesus in the Ne...
A Short Chat With An "Occult Expert"
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Last week SAFM featured a debate on Satanism and crime called "What is
Satanism?" - you can find the link to the debate here: SAFM podcast link (31
May...
How can I stop being patronising?
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…and improve your relationships, romantic or otherwise. There used to be a
character from Viz magazine called ‘Patronising Ba***rd’. One of his
typical pr...
Connect the grains
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Last week the newspapers reported that two unnamed hotels on the northcoast
had the stolen sand. This week, they’re reporting this. Am I missing
something ...
Incognito
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I decided to change my name on my blog posts for some strange reason. Primarily because I promised those dearest to me that I would be more careful with the ...
In the Name of God, or Gods, whatever
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Have you been following the case of Pastor Dr Martin 'eat da poo poo'
Ssempa?
No?
Well, he is court. Over the allegations that he and others paid and
pr...
Boys on Film 3: American Boy (2009)
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Dare – Dir. Adam Salky (16mins)Starring Adam West, Michael Cassidy
After play practice one night for the senior production of ‘A Streetcar
Named ...
Iraqi LGBT launch new website
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*Press Statement*
For immediate use
*Iraqi LGBT launch new website*
London, June 10 - The human rights group Iraqi LGBT is launching a new
website iraqil...
The Truth Has Been Told
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Life is filled with options and each one that we choose affects our lives
in incalculable ways. I started this blog a little over a year ago in an
effort t...
A glimmer of light
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In response to Ernest Smith's intemperate outburst in Parliament denying
gays the right of association and to bear arms due to their "abusive and
violent" ...
Hello readers, thank you for your donations via Paypal in helping to keep this blog going and related costs. Please continue to support me and my allies in this venure 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.
Donations presently are only accepted via Paypal where buttons are placed at points on this and the GLBTQ's blog as well. If you wish to send donations otherwise please contact:glbtqjamaica@live.com
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 and otherwise
Track human rights issues in general with a view to support for ALL
JFLAG excludes homeless MSM from IDAHO Symposium on of all things HOMELESSNESS!!!!
Photo - Carole Narcisse of the Civil Society Coalition & behind her Yvonne McCallah Sobers of FAST(Families Against State Terrorism) on May 17th 2013 @ The Courtleigh Hotel during the Larry Chang (Gay Freedom Movement founder) Symposium hosted by JFLAG .......... NO HOMELESS Men were represented or invited to speak and JFLAG responds via a press release in a bid to calm the uproar from some quarters (CLICK IMAGE FOR MORE)
Poor leadership & dithering are reasons for JFLAG & Jamaica AIDS Support’s homelessness
Another Carnival, Another Brawl
Effeminacy in public is once again met with a stern violent rebuke from members of the public in Kingston ..................... this and more in a brief entry on the issue (CLICK IMAGE)
Interfaith group pledges continued support for St Catherine homeless MSM
The last time we looked at this it was on Gay Jamaica Watch in December of 2012 where the group then had hosted a treat during the Christmas holidays for a select few. The interfaith group who had expressed some interest earlier last year in assisting three of the young men after a series of incidents involving them and others in several forced evictions similar to those of their Kingston counterparts with the local authorities moving the men from all points they occupy and obstruct have vowed to continue while resources last. However in St Catherine it was residents who made those decisions with some disastrous consequences such as the reported chase and attempted flogging of a group who illegally occupied an empty house in the Sydenham area and men supposedly ran them out of town and boarded up the structure after the owners residing overseas were informed of the squatting activities by the men.
Homeless MSM challenges in Jamaica February 2013
A look at the surprise news at the time of JFLAG and JASL's notice to quit their rented offices due in part to the homeless MSM of New Kingston's business district and the agency's dithering with coming up with satisfactory programs to address this long standing issue. Recorded Feb. 23, 2013
A look back at some of the issues affecting Jamaican LGBT life and advocacy (CLICK IMAGE) from GLBTQJA on Blogger
Javed Jaghai talks about Human Rights in Jamaica
I am happy he touched the class issue it is one of our own impediment in the growth and success of the LGBT advocacy in Jamaica .............. case in point the homeless MSM issues and more
Responses To Gareth Henry's BBC Interview on RJR's Beyond The Headlines
Newstalk93FM's Freshstart Clyde Williams on UTECH allegations & homosexuality call in segment
a clip of the call in segment on Newstalk 93FM on the UTECH abuse matter with a caller during the talk back live segment also intolerance was discussed briefly.
JFLAG's rejection of rowdy homeless msms & the Sept 21st standoff .........
HOMELESS MSMS EVICTED FROM CARGILL AVENUE
28/08/12 CVM TV again rebroadcast a story of homeless msms and the deplorable living conditions coupled with the almost sensationalistic narrative of the alleged commercial sex work the men are involved in. Gay Jamaica Watch has been following this issue since 2009 when the older populations of MSMs who were for the most part displaced due to forced evictions and homo negative issues and their re-displacement by agencies who on the face of it refused to put in place any serious social interventions to assist the men to recovery
DISCUSSING SOME LGBT ISSUES FROM JAMAICA ON AUSTRALIAN GAY RADIO
Check out my recent radio interview on Australian LGBT Radio as hosted by Squirrel, Tom & Matt
is UNAIDS jumping the gun on the buggery review suggestion,did they reveal things too early?
Recent news item that UNAIDS said the PNP is the right choice in regards to repealing buggery, is Mrs Miller evolving on the issue despite she made no promise to repeal buggery publicly.
POPULAR JAMAICAN DJ PULLS KNIFE on "Ass Pincher" while going on stage?
Sometime controversial entertainer and dub poet Mutabaruka reports that a popular dancehall DJ was admired supposedly by a gay or bi thug it seems at a recent event sometime in July of 2012, the "pinched DJ" retaliated but a gun was pulled on him by the pinching male admirer who reminded him who was the bigger man in as far as weapons at the time were concerned.
I have no doubt this is a fabrication as Muta is not known for fueling conjecture or rumours to enhance his own end but this is an interesting story and gives some insight into the links to the underworld and same gender loving issues coupled with the low wearing pants phenomenon
Are men now being more open to public adoration by other men but with some brute force to boot?
I do know of thugs who like men as well and the other hypermasculine typed brothers but is this reflective of any change from intravertedness to coming out in a sense on the part of previous thought down low populations?
Who knows eh
Gay Freedom Movement's Larry Chang talks about the 1st Jamaican LGBT group
This interview was conducted in June 2011 between Larry Chang - founder of the Jamaica Gay Freedom Movement, and Thomas Glave. It is produced for the Theorizing Homophobias in the Caribbean Collectio
Does our LGBT Advocacy lacks some credibility & a strong ethical base?
I say yes in a sense ..... more considerations of how we can strengthen our case in repealing the buggery law or at best decriminalization but social issues in the community have also grown to encroach on advocacy itself which we have ignored for too long.
Also looking at what was relayed by UNAIDS recently by one of its Directors on talks to repeal the buggery law with three PMs unnamed in the Caribbean.
Origin of the word BUGGERY
Origin of the word BUGGERY
The British English term buggery is very close in meaning to the term sodomy, and is often used interchangeably in law and popular speech. It may also be a specific common law offence, encompassing both sodomy and bestiality.
The word bugger and buggery are still commonly used in modern English as a mild exclamation, and "buggery" is also synonymous with anal sex.
The word "bugger" was derived, via the French "bougre", from "Bulgar", that is, "Bulgarian", meaning the medieval Bulgarian heretical sect of the Bogomils, which spread into Western Europe and was claimed by the established church to be devoted to the practice of sodomy. "Buggery" first appears in English in 1330, though "bugger" in a sexual sense is not recorded until 1555.
Together We Will End AIDS Report 2012
Sex Workers, Gays Stay High On At-Risk HIV List, Says UN Report
Homosexuality Destroying the Family? .............. I Think Not!
Male Homosexuality not being illegal in Jamaica & a brief look at Ireland's statues
CLICK IMAGE to see my sister blog GLBTQJA for a preview and download
FEMIDOM II Suggested for Anal Sex for Men
Just like male condoms, FCs are shaped like an open-ended tube. The main difference is that female condoms have two rings, instead of just one! There’s a removable inner ring and an attached outer ring. Theinner ring must be kept in during vaginal sex, but for anal sex, keeping it in is a matter of taste. The outer ring helps protect against STIs that are spread by skin-to-skin contact, like herpes, because it covers more surface area around the vaginal or anal opening, depending on what type of sex you’re having.
Portia Simpson Miller - SIMPSON MILLER DEFENDS GAY COMMENT 23.12.11
I am a 39 y/old single Gay Jamaican previously involved in Interventions at JFLAG & HIV work at Jamaica AIDS Support for Life & still volunteers for other NGOs in similar veins. With a renewed focus on some issues and concerns especially with inter/intra community developments and problems.
My Blogs History:
Gay Jamaica Watch blog was started as Sunshine Cathedral Jamaica on 20/2/08 while The GLBTQJA blog was started as JFLAG on 8/5/08 both I have renamed to reflect my points of view,other individual lgbt opinions and to encourage more conversations on LGBTQI issues from a Jamaican standpoint outside of the advocacy structure for solutions.
Thanks for your support and words of encouragement & donations, Donate today safely via paypal, so I can continue this activity. All donations go to GLBTQ Jamaica for Research & Development, Blog continuity. I can be reached at: lgbtevent@gmail.com or glbtqjamaica@live.com.
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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