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

Thursday, May 30, 2013

Men in house said occupied by gays attack Jamaica Observer news team

Hopelessness, rage and indeed what appears to be fatalism once again play out in destructive and anti social behaviour of homeless MSM in Kingston ....... the monster has been growing


Let us NOT forget that there are other populations across the island

It was February of this year I posted: And we continue to reap the world-wind for not addressing homelessness when it was manageable  and as for the anti social behaviour I gave a layman's look from August 2011 here: 

The Problematic “Battyman Entitlement” phenom, homelessness & LGBT safe spaces


Before you read the actual news piece from the paper today please bear in mind the following; the way the men are described by the author of the Observer story as "the gays" is instructive, anyway the anti social behaviour has simply moved northwards from its original jurisdiction in the business district of New Kingston where it caused repeated problems and mainstream media attention but following the hushed eviction of the two main representative agencies JFLAG and JASL who have been accused of abandoning the men and at whose former premises the men ended up retreating after the police and local authorities crackdown on their squatting activities in up-scale neighbourhoods the month of May seems to be a very bad month for MSM homelessness on many fronts some of which I will get into after the excerpted story from the Observer which I implore you to read carefully.



as more proof of the northward geographical movement of the population see: Cross-Dressers Not Deserving Of Sympathy? (Gleaner article)

also




the infamous Trafalgar Park nearing the Golden Triangle






now to the Observer's piece:
"Men in house said occupied by gays attack Observer news team"  

"A Jamaica Observer news team was yesterday attacked by alleged gay men who have taken up residence at a house in the up-scale Barbican community of Millsborough Avenue in St Andrew.

The news team had gone to speak to residents after receiving a report that police had removed an unruly group of gay men who had taken up residence in the unoccupied home.


The gays only retreated after the photographer managed to enter the vehicle which drove off. However, no one was hurt and the vehicle suffered no damage.

Residents of Millsborough have been complaining that the gay men have been behaving in an unbecoming manner and have been making their lives miserable.

They also complained that the men have attracted the owners of high-end vehicles as their clients and have been setting an unwanted example for the children in their neighbourhood.

"Whenever a gay man gets hurt or killed, even if it is at the hands of other gay men, you hear all kinds of fancy statements being released by J-FLAG (the Jamaica Forum for Lesbian, All-sexuals and Gays). Where are they now that some of their own are infringing on our rights? It is another example that J-FLAG has been trying to paint Jamaicans as homophobic but, if we were killing gays as they claim, would these men be able to come and destroy our decent community for months without being attacked?" one female resident.

The residents said have made numerous reports to the Matilda's Corner Police Station but officers, they claimed, said their hands were tied because the owner of the unoccupied house — a businessman — has not come forward to give a statement that the gay men have been trespassing on his property.

"One of them came and made a report that he was assaulted by one of his kind. He told us he got permission to stay there and allowed the rest to join him," a policeman at the Matilda's Corner police station said.

Head of the St Andrew Central Police Division Senior Superintendent Fitz Bailey told the Jamaica Observer that after the publication of an article in last Sunday's paper entitled 'Residents say gay men take over Barbican house', the police had forcibly removed the men from the premises.

"We went there on Sunday and ordered them out. We checked back on Monday and no one was there but, it seems that they have been creeping back in. We face a challenge in that the house is not secured, the locks have been sawn off so they have easy access," Bailey told the Jamaica Observer.

A policeman from the Matilda's Corner station said the unruly band of gays are among men who gather at the intersection of Knutsford Boulevard and Grenada Crescent in New Kingston at nights and indulge in male prostitution.

"They openly solicit customers and behave in a most disgusting manner at nights," the policeman said."


Read more: HERE

ENDS



JFLAG's ED Dane Lewis alongside Ian McKnight former JASL Board Chairman at an IDAHO 2013 symposium at the Courtleigh Hotel on Homelessness (the homeless men were not included or invited)

The exclusion or lack of presence as some describe it of the homeless men in the meantime by Jamaica Forum for Lesbians Allsexuals and Gays, JFLAG on May 17 International Day against Homophobia and Transphobia, IDAHOT during a homelessness symposium has not gone down well with some straight allied advocates and even older LGBT activists locally and abroad with a strong rebuke from the former Programmes Manager of JFLAG itself Mr Gareth Henry chastising the present management for becoming a dividing factor in the community via such a bizarre decision, tersely worded comments have been exchanged on social media platforms where the individuals interact and withdrawals from pages and groups in a huff have also occurred. Not even the ongoing Supreme Court tolerance ad trial as expedited by the claimant and gay lawyer Maurice Tomlinson could cool the tempers which to date are still flaring. Today is day three of that trial which is covered as best as I can on GLBTQJA and GLBTQ Jamaica both on blogger - DAY 1 and DAY 2.

The impasse in the meantime prompted the Executive Director of JFLAG Mr Dane Lewis to issue a statement trying to explain away the obvious discrimination and even the wording of the document has left more questions than answers, SEE MORE HERE on that. The refusal of JFLAG to properly communicate updates on what it is doing on behalf of the community is also becoming a major concern yet again and the poor program development to meet this long-standing homelessness challenge that I saw from my time at JFLAG while inadvertently doubling as Admin/Finance and Crisis Intervention Officer in 2008 to 2010 was clear as crystal. This short clip from a Word Focus report tells a piece of the story.

video



A temporary solution was found to address the far more docile group of homeless men then in 2008 to respond to the men who for the most part were part of a mass displacement (there were others before in smaller numbers) that occurred after a gay party DVD mysteriously found its way in the public domain for sale thus exposing persons in attendance thus began the free fall then today's headline. Hours and hours of consultations and planning towards the formation of the Safe House Pilot Project under Jamaica AIDS Support for Life, JASL as JFLAG was not financially prepared to take on the issue took place and the plan included collaboration with the pilot towards a final solution. The project could have been tweaked if there was any real interest in addressing the lives interrupted, instead the easy way out was chosen and the belief that the "problem" would have gone underground.

I know my older readers may be used to the happenings but it must be made clear that these happenings today could have been avoided in some part if not for a head strong JASL board and personalities who contributed to the bizarre and dubious decision to end the shelter's activities and ironically both JASL and JFLAG have now found themselves homeless too since April as they were given marching orders by their landlord owing to the problems with the men and other factors. Here are the original posts I did on the ultimatum and the closure of the then residential facility in 2009/10 for some historical perspective on this, the monster was creeping up the hill a while now:

Homeless MSM to feel the pinch as JASL issues ultimatum

The Homeless Project, the meeting and more 


Just days ago the same paper carried this: Residents say gays take over Barbican house …………………

and before that there was this: Marauding homosexuals and J-FLAG (Observer Editorial) ……………………

Where will this end knowing all the signs were in the making some six years before?

Why has it been allowed to reach this stage?

Is it that JFLAG is not really interested in this part of the struggle and is more attracted to the limelight of buggery repeals and debates?

JFLAG and its supporters complain that they alone cannot handle everything yet they refuse to entertain criticisms as they seem them as a threat of some sort to what we are yet to understand and as evidenced with the recent aforementioned impasse, there is a feeling that ideas from "others" are not viable enough and words such as "skewed" were used by the ED himself in describing some good suggestions by a straight-allied voice and yet the very powers that be inside the belly of the agency are accused of stalling attempts by other persons of starting their own arms to address some of the community matters. Territorialism here folks? Many solutions lie untouched and archived that have been worked on by various ordinary LGBT folks serving and volunteering on committees yet they are not enacted and then we wonder why volunteer retention is at a all time low or why the dissent in the community has been rising steadily?

Let's split justice for a minute, one of the men who was in prison for a while had penned his thoughts by hand in 2011 and I was so moved I had to share them .................. page 1 captioned. 


click HERE: From the pen of one of our homeless brothers ........
what has caused this set to snap is still unclear


The community based assisted living and or informal crisis intervention if you will is not nearly enough to address the growing numbers of young men who are made displaced and subsequently homeless with the commensurate psycho social support/work to back it up so that persons can work towards some independence instead we see fatalism play out in destructive and anti social behaviours repeatedly, I for one cannot afford to house anyone here in my home as I have done before my income it not enough to assist that way again although I am trying some fund raising activities. I have suggested and tried to appeal to the conscience of those who were concerned to open up their doors to assist in some small way via this audio post Some considerations ..... would you assist someone who has been displaced ??? but given the challenges that have become so pronounced that I have rescinded the call somewhat although some hope came recently via this post Community based crisis sheltering is still an option. Deep mistrust though has led many influentials to back off and a recent violent attack allegedly by two of the men on a popular party promoter has just made matters worse now this Observer story today. Even the remote assistance of providing meals by persons has been slowed significantly party due to the anti social presentations of the men and financial reasons too for some. JFLAG also admitted in that previously mentioned statement by the ED that its feeding program has also been discontinued as they have difficulty coordinating the delivery due to "difficulties coordinating it without a main office in addition to funding constraints." The very few who recover successfully are usually unheard of or they tend not to want to talk about their journey so as to act as inspiration for the present crop and the leadership from JFLAG frankly on this from day one is much to be desired. JFLAG also had told us via that November 2012 town hall meeting and the accompanying 2012 - 2015 strategic plan document that a space was identified and a start up date was to have been December 1, 2012 implying confirmation yet it turned out we were lied to as the deal was not even half way in negotiations and in the final analysis the zoning laws would not allow such a facility to operate plus other factors and concerns the managers of the site had about the intended shelter. I was optimistic but guarded about the news then only to be disappointed in the end. True tolerance has to be espoused before we go demanding it of others.

see: Some Good News on the homeless front 

see also the discussion on TVJ at the time (October 2012) on the issue where the shelter was mentioned



for more information see the Homeless MSM in Jamaica tab immediately below for all the previous posts, February podcast on the men, posts from GLBTQ Jamaica HERE plus from my Wordpress blog HERE  The talkshow circuit has blown up since the news appeared in the paper today and all kinds of condemnation coupled with the vitriol on the tolerance ad trial now on in the Supreme Court and the anti gay voices on the use of the word "Homophobia"



Prominent attorney Bert Samuels says the residents of the Millsborough Avenue area may have to endure the homeless MSM a little longer as they cannot simply move the homeless men from the previously unoccupied property, the law protects them from being forcibly removed ........... "I can't as a neighbour go to court to have them removed ........... you can go and occupy after a number of years of undisturbed occupation apply for title." he was speaking on Hotline earlier today.

Meanwhile the Press Association of Jamaica has written to JFLAG expressing their condemnation of the reported attack President Jenni Campbell indicated there is no indication that the journalist attack the men  or sought to invade their privacy she said the fact that the team was viciously pursued and stoned must be seen as a direct attack on the press, Miss Campbell said the association has encouraged its members to make an official report to the police, the PAJ's letter to JFLAG's Executive Director asks that he inform the persons JFLAG seeks to represent to desist from interfering with journalists in the line of duty and educate its members of the critical role the free press plays in a democracy. The trouble I have with this is that the Observer published two photos showing members of the group which I think is not legal as it was done on private property and we do not have the benefit of the men's side as to why they took such action. I make reference to an incident where I was a DJ at a party in February 12, 2010 persons who were opposed to the event and homosexuality attempted to take photos of persons entering and exiting the premises as well as from a vantage point of the overhanging tree to the property, I sought some legal advice and I was advised that photos taken in a private space and used inappropriately can trigger an action in common law preceded via a warning letter to the suspected person. There are not many test cases in this department. See High Drama as Homophobes attempt to disrupt and picket party



UPDATE June 3, 2013

Unruly gays back with a vengeance ...............

Peace and tolerance.

H

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


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



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

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

hear recent pods as well:

Information & Disclaimer


Not all views expressed are those of GJW

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

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

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

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

God Bless

Other Blogs I write to:

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

contact:

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?

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.

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



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.

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

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

Popular Posts

What I am reading at times ......

Thanks for your Donations

Hello readers,

thank you for your donations via Paypal in helping to keep this blog going, my limited frontline community work, temporary shelter assistance at my home and related costs. Please continue to support me and my allies in this venture that has now become a full time activity. When I first started blogging in late 2007 it was just as a pass time to highlight GLBTQ issues in Jamaica under then JFLAG's blogspot page but now clearly there is a need for more forumatic activity which I want to continue to play my part while raising more real life issues pertinent to us.

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