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

Monday, May 27, 2013

Buggery Law challenges & overlooked judicial solutions

Another challenge to the buggery law has come the third or fourth if one were counting and will take place apparently in June when the case as filed by Javed Jaghai who is still a part of the Jamaica Forum for Lesbians Allsexuals and Gays, JFLAG who only days ago again hit its own wicket by excluding some homeless MSM from an International Day Against Homophobia and Transphobia, IDAHOT event held on May 17th at a local hotel symposium on homelessness with a community backlash the likes of which never before seen. Thankfully the real issue of the buggery law and privacy on one hand is finally going to be addressed as I have long contended the lobby has drifted too far via secularism, humanism and atheism (Javed is an atheist) with other side issues from the germane matter of simply buggery and whether I as an adult can privately practice with consent anal sex with another partner (male or female for that matter) but I am concerned about the Savings clause issue as had been pointed out by other legal minds.

Yesterday the Gleaner carried a piece regarding the challenge:

New legal bid launched to protect gays right to privacy

Barbara Gayle, Justice Coordinator

Another legal challenge has been filed against the country's buggery law.
Gay-rights activist Javed Saunja Jaghai has gone to the Supreme Court seeking changes to ensure that consenting male adults do not face criminal charges for buggery.
Jaghai is seeking the go ahead to take his case to the Constitutional Court for a declaration that the private sexual activities between consenting males must be excluded from the Offences Against the Person Act.

If he is successful, it would mean that the right to privacy - as contained in the Charter of Rights and Freedoms (Constitutional Amendment) Act, 2011 - will include the right of two homosexual men to engage in intercourse in privacy without facing the risk of being charged with a criminal offence.

A case-management conference will be held next month in chambers at the Supreme Court.
The attorney general has been named as a defendant in the matter.
Although Jaghai is seeking a declaration that private sexual activities between consenting males be excluded from the Offences Against the Person Act, he is also seeking an order that the act will continue to govern non-consensual acts and those which takes place with males under the age of 16.

In documents filed in court, Jaghai says he is a homosexual man and a citizen of Jamaica.

He disclosed that he was evicted from his house by his landlord on the alleged basis that his homosexuality would result in engaging in intimate acts with other men on the premises.
He said the landlord had considered such acts as illegal under the Offences Against the Person Act.
Section 76 of that act makes it an offence for two men to be engaged in sexual activities.
The maximum sentence is 10 years' imprisonment.
Section 77 forbids such sexual acts for which the maximum sentence is seven years, while Section 79 of the act forbids gross indecency between men, for which the maximum sentence is two years.

negative effects of current law

In the court document, Jaghai states that the current law has negative effects on his daily life as well as the lives of other gay men.
"These provisions place the claimant, as a gay man, at risk of being evicted from his premises or arrested, prosecuted and convicted simply because he seeks to engage in sexual conduct that is integral to the expression of his identity and is carried out in a sphere of private intimacy," said Jaghai in his claim.

He argued further that because of the law, he is forced to deny his identity or contravene the law.

According to Jaghai, the fear of criminal sanctions impedes him, and may impede other homosexuals from accessing public-health facilities geared towards HIV and AIDS.

He contends further that the Constitution guarantees him the rights which were overwhelmingly approved by both political parties in 2011, and that includes the right to privacy.

Jaghai further argues that the right to privacy or the right to be left alone should be seen not simply as a negative right to occupy a private space free from government intrusion, "but as a right to get on with your life, express your personality and make fundamental decisions about your intimate relationships - which do not harm anyone else - without being penalized".

He has also listed in his affidavit instances in which men who were engaged in private and consensual activities have been prosecuted and convicted.

The Government is named as the defendant because the claimant contends that to date the Government has not given an undertaking that it will repeal the sections of the Offences Against the Person Act under which homosexuals can be charged.

He contends that the Government has violated and continues to violate his right to privacy and equality before the law as guaranteed by the Charter of Rights.
In February, the United States-based advocacy group AIDS-Free World reported that it had filed a similar suit on behalf of Jaghai.
The group asked the court to determine if the anti-sodomy law breaches rights guaranteed under the Charter of Fundamental Rights and Freedoms which was passed into law in 2011.

That matter is scheduled to be mentioned on June 25.

Two homosexual Jamaicans have also mounted a legal challenge against the laws which criminalize the act of homosexuality, on the basis that they are unconstitutional and promotes homophobia throughout the Caribbean.

They have taken the matter to the Inter-American Commission on Human Rights, which is modeled on the European Court of Human Rights to which Jamaica is not a full member.

While any ruling made by that court would be only advisory, it would send a strong message of international disapproval of Jamaica's buggery laws.


Attorney at Law and lecturer at the University of the west Indies Law faculty Anika Gray had suggested several routes to a judicial solution to the privacy issue and the savings clause regarding sections 13(12) and 18 of the Jamaican Charter of Rights and Freedoms which in 2011 repealed the Bill of Rights chapter of the Jamaican Constitution. We have had other such suggestions by other eminent persons but for the most part the gay lobby/advocacy structures have ignored them it seems and are more exploring their own strategies than embracing that of others. Miss Gray also wrote then that The Jamaican State's complicity in perpetuating homophobia goes much deeper than the former PM's statement. The great bastions of state bigotry are sections 13(12) and 18 of the charter. These two sections immunize from constitutional challenge existing laws that 

(1) criminalize sexual relations between men and 
(2) preclude legal recognition of homosexual unions, respectively.

They are referred to in the Commonwealth Caribbean as 'savings law' clauses. In Jamaica's case, existing laws are laws which were in existence before the charter came into force. For other Commonwealth Caribbean countries, existing laws are those which existed before the constitution of the particular country came into being.
It would appear that the presence of the savings law clause in the charter is intended to prevent local courts from following in the footsteps of their counterparts in other parts of the world. For example, national courts in both the United States and South Africa have made great strides in protecting the human rights of homosexuals. The US Supreme Court, in 2003, declared a Texas sodomy law a violation of the individual's fundamental right to liberty and privacy.
More recently, the South African Constitutional Court, in 2006, found that excluding homosexual couples from the definition of marriage was a violation of the South African Constitution.

It is ironic that the charter which was meant to expand the scope of fundamental rights for Jamaican citizens has also been used to deny homosexuals legal protection for their lifestyle choices.
It is, however, my contention that the findings of the Privy Council (PC) inRoodal v the State [2003] UKPC 78, and the dissenting judgment inBoyce and Joseph v R (2004) WIR 37, can be used to circumvent the debilitating effect of the savings law clause on a judicial review of Jamaica's buggery law.

Challenging institution

Savings law clauses, as far as they preclude judicial review of existing laws that are inconsistent with the Constitution, challenge the principle of constitutional supremacy and rob the individual from enjoying the full benefits of the fundamental rights provisions. Thus, they have been a source of frustration for courts wishing to give a generous interpretation to the fundamental rights provisions of Commonwealth Caribbean constitutions.Nonetheless, the judiciary - more specifically, the Privy Council - has employed various methods of constitutional interpretation to avoid the limitations presented by savings law clauses. The most ingenious and, perhaps, controversial method was that employed by the PC in Roodal. In Roodal, the PC held that the savings law clause in the 1972 Trinidad and Tobago Constitution only applies where an existing law could not be brought into conformity with the Constitution through the use of the Constitution's modification clause.
From this starting point, the PC went on to find that Section 4 of the Trinidad and Tobago Offences Against the Person Act (TTOAPA), which authorized the mandatory death penalty, could be brought into conformity with the Constitution by making the death penalty discretionary. Thus, the savings law clause could not serve to hide Section 4 of the TTOAPA from judicial scrutiny.

Additionally, the dissenters in Boyce, when answering a similar question about the mandatory death penalty in Barbados, found that the wording of the savings law clause - and in particular the phrase 'nothing shall be held inconsistent with' - allowed the courts to exercise the power to modify the existing law. But only to the extent that the modification did not emasculate, void or render nugatory the existing law.

Sanitizing the buggery law

Currently, Section 76 of the Jamaican Offences Against the Person Act criminalize acts of buggery committed in both public and private, regardless of whether the participants are consenting adults. Courts in other jurisdictions and international human rights tribunal have found statutes of similar ilk to be in contravention of the right to privacy.

For example, the European Court of Human Rights in Dudgeon v the United Kingdom - 7525/76 [1981] ECHR 5 held that an Irish statute similar to Section 76 was in violation of Article 8 of the European Convention on Human Rights, which protects the right to private life. In light of this jurisprudence, there can be no doubt that Section 76 is a violation of the right to privacy that is protected under Section 13(2) (j) (ii) of the Charter of Rights.

Notwithstanding, Section 13(12) of the charter prevents the court from declaring Section 76 as unconstitutional. The finding in Roodal and the dissenting judgment in Boyce help us to overcome this formidable legal obstacle. How is it to be done?
The modification clause in the Jamaican Constitution should be used to narrow the ambit of Section 76 to cover only acts of buggery committed in public. By restricting the illegality to the public sphere, Section 76 is neither emasculated nor rendered void. It is instead 'constitutionalised'. The Constitution allows restriction on rights to protect public morals, but only to the extent that the limitation achieves a legitimate objective and does not excessively infringe the individual's rights.
As such, buggery, which is considered immoral, can be criminalized in order to protect the morality of the majority. Nonetheless, the suggested limitation is not excessive - as is the case with the present Section 76 - since homosexuals are allowed to practise their sexual activities in the privacy of their homes.

Advantages of Sanitisation

This approach has three distinct advantages. First, the views of the majority of Jamaicans, who find the act reprehensible, are respected; but not at the expense of the individual's right to privacy and liberty to engage in intimate, adult and consensual sexual activities. Second, it signals that the State will refrain from using the law to interfere with private consensual sexual activities between adults. This is especially where the sexual activity does not cause unlawful harm to the parties involved (see R v Brown [1993] 2 All ER 75). Finally, it demonstrates that the rights of minority groups can be protected, even in a constitutional democracy based on majoritarian rule.

At this juncture, it is important to point out that the ruling in Roodal was overruled by the PC in Matthews v the State [2004] UKPC 33. In Matthews, the PC rejected the argument that the modification clause could be used to sidestep the clear intentions of the savings law, i.e. to protect all existing laws from any type of constitutional challenge including modification. They further held that any difficulty presented by the savings law clause must be addressed by the legislature, not the judiciary. Thus, the principle from Roodal, as well as the position of the dissenters in Boyce, is not binding on Jamaican courts.

However, the decision in Matthews flies in the face of well-established principles which demand that: (1) the Bill of Rights provisions be treated as living instruments capable of growth and development over time; and (2) any restriction on fundamental rights, such as the savings law clause, must be given both a narrow and strict construction.
Moreover, I agree whole-heartedly with Lord Nicholls of Birkenhead when he said that the Matthews decision leads to the court abdicating "its responsibility to ensure that the people of a country, including those least able to protect themselves, have the full measure of protection against the executive which a constitution exists to provide".

It is suggested that for these reasons, the PC should relinquish its position in Matthews and reaffirm the principles outlined in Roodal. Even if the PC cannot be prevailed upon to change its position, there is no obstacle to the Caribbean Court of Justice (soon to become our final appellate court, I hope) adopting the Roodal principle.


Dealing effectively with the disadvantaged position of homosexuals might require a legislative, rather than judicial, solution. But this is only if you want to wait another 10 to 15 years. Moreover, the constitutional issues arising from the buggery law are intimately tied to the presence of the savings law clauses in the Charter of Rights. To get rid of these will demand constitutional changes. This is another long and, might I add, sensitive process. Furthermore, it is unlikely that the Christian lobby groups will ever allow Parliament to repeal the buggery law.
In this case, the judicial solution offered by Roodal is not only more expedient but also opens the door for other unjust laws (such as those on abortion and marital rape exemption) to be successfully challenged.
Anika Gray is an attorney-at-law and tutor in the Faculty of Law, UWI, Mona. Email feedback to and

I much prefer this route of the challenge(s) as opposed to the review as suggested by the current PM as that conscience vote can blow up in our faces being in mind how the PM prefaced that parliamentarians would consult their constituents and we all know the pandering situation in that regard. Below was Mrs Simpson Miller in December 2011 after the suggestion/debate on the election campaign.

Interesting times lie ahead if this present challenge goes to full trial.

also see:

Legal Notes - Homophobia and human rights abuses

PNP's Damion Crawford says it's highly unlikely buggery will be repealed

The First-Ever Legal Challenge to Jamaica's Anti-Gay Laws

Peace and tolerance




Related Posts with Thumbnails

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

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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: or Tel: 1-876-841-2923 (leave a message just in case)

Activities & Plans: ongoing and future

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  • 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