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, July 31, 2014

Jamaicans for Justice Slowly Recovers & Appoints an Interim Board



Dr Barry Wade
Dr Barry Wade 

The very foundation of human-rights lobby group Jamaicans For Justice was jolted by the public condemnation of a controversial sex-education programme which was introduced into six private children's homes and the subsequent resignation of four board members, including long-time faces Dr Carolyn Gomes (
Carolyn Gomes resigns as JFJ Board Member, JFJ Apologises For controversial Sex Education Course) and Susan Goffe (Influential Susan Gofffe Resigns from JFJ .............New ED "If I Was Aware Of Sex-Ed Programme 'I Would No....)and executive director Kay Osborne in recent months.

The fallout prompted members of the 15-year-old organisation to call for an extraordinary board meeting, and it is coming out of that meeting that Dr Barry Wade and other interim board members were co-opted.

The other members of the board are Christine Dalrymple, Horace Levy, Michael Lumsden, Allan Martin, Carla Gulotta, David Silvera (treasurer of previous board), Clifton McKenzie (also a member of former board), Roje Malcolm and Susan Mah Leung Evans (who had both resigned from prior board).

Wade has cited the first order of business as being that of repairing the organisation's tarnished reputation.

"An advocacy group has to have credibility; it needs the support of civil society," Wade, who is the former general manager of the Petroleum Corporation of Jamaica and the chairman of Environmental Solutions Limited, told The Gleaner. "If civil society are unsure of what we are about, then they won't support us. The present controversy has thrown a spanner in the way people see us and so rebuilding our image clearly is what we have to pay attention to. But it is not an event, it is a process."

Upcoming election

The appointment of a full board is expected to be undertaken within the next three months, when there will be a nomination process and election among the paying members, who currently stand at approximately 50 despite the number of persons on roll standing at somewhere in the hundreds. In the interim, however, Wade and his team will seek to get the organisation's house in order.

"This is a transitional period, so other than arranging for the election of a full board, it will be to steady the organisation and make sure that we fulfil all our obligations to our funding agencies and that we have the staff in place to continue," Wade shared. "With the resignation of the ED (executive director) there is a big gap in the organisation, and members of the organisation have volunteered to come in and help get things going again."

Wade, who is seriously considering offering himself up for the post of permanent chairman, believes the organisation will have to work feverishly to make up for lost time, but is confident that they can get back on course.

"We have to play catch-up because we have lost some time with all that has been going on and the resignations, but I have no doubt that we will be able to settle down pretty quickly," Wade reasoned.


Speaking on Beyond The Headlines on RJR yesterday Dr Wade also cleared up the controversial sex education fiasco in a sense that caused the implosion in the first place the perception that they were a cloak for gay organizations, he denied that allegation and went on to explain in a sense the materials delivered were for the instructors firstly then to selected teens for the cohort, also he went on to elaborate that there were sections of the materials that spoke to the illegality of buggery and the law but they recognized that the cohort may have children who were abused so they needed the course. "The material stated what was illegal ....... including what people find offensive anal sex" he said.

Dr Wade also said he did not believe the course was not inappropriate given the above reasons ".....the program was designed to help them avoid, protect themselves and of by chance and how to deal with it thereafter, how to report it." "It is a reality for children in Jamaica that many of them are buggered by adults and they have no recourse in institutions to adequately deal with it and it's that reality Jamaicans for Justice delivered a program with the help of the institutions to help the youngsters.

As for the CDA he said the remit of JFJ was to deal with the boards of the institutions and its their responsibility via the memorandum of understanding with the homes' management. Here I will have to disagree with Dr Wade as the law is clear on the vetting of courses and outsiders entering homes under the aegis of the CDA, the question that must be asked as I have done before if the Sunbeam Home as said publicly submitted in their monthly report the course activity then why did the CDA miss that to arrive at a conclusion of ignorance of a six month long course and why didn't the monitoring officers via conversations with the wards as the have direct access to them and can bypass the homes' management to do so could not ferrett any information regarding the course?

Did the CDA lie to the public when they claimed ignorance of the 6 or 7 month long course by JFJ?

Meanwhile some of the antigay voices who created mass hysteria about this via Jamaica CAUSE and the Professor Bain issue were obviously cautious and most hypocritical in my view in answering a question as to reestablish trust in Jamaicans for Justice in their answers, they steered clear of the sex education course as the facts slowly come forth despite it was not cleared by the constituted authority that being the CDA - Child Development Agency as required by law.

Daniel Thomas

Daniel Thomas, president of the Love March Movement: A lot of damage has been done, so the group might even have to consider a name change. However, I won't dispute that the organisation has done some good work over the years, and nothing is impossible. It is critical that transparency and collaboration are ingredients that the new board will be willing to employ in the interest of the Jamaican people.
Betty-Ann Blaine

Betty-Ann Blaine, an advocate for children: This is a gentleman (Dr Barry Wade) who I have some knowledge about and I think has a reputable image. From my experience, I know that he is very passionate about social issues, including the plight of the poor, among other social ills. Clearly, he has a big job on his hands in restoring the trust of the Jamaican people and restoring the image of the organisation, but I am confident that it can happen. also see: 
The Deliberate Misuse of the “Sexual Grooming” Term by Antigay Fanatics to Promote Their Hysteria and Betty Ann Blaine Deliberately Conflates Same Gender Attraction & Child Abuse at Christian Anti Gay Mass Rally

Clifford Blake

Clifford Blake, deputy commissioner of police: I don't know much about the board ,so I wouldn't want to comment much on that, but we (Jamaica Constable Force) have worked well with past boards and we have no problem working with this current board, once it is in the best interest of the Jamaican people.

Bishop Rowan Edwards

Bishop Rowan Edwards, immediate past president of the Jamaica Association of Full Gospel Churches: I thank God for this new board. I would hope that the leader has prepared himself to be scrutinized, to be guided and to collaborate. Everyone deserves a second chance and despite the damage that has been done, there is room for restoration. I also call on the Jamaican people to cooperate.

The funders Caribbean Vulnerable Communities Coalition, CVCC of the sex education course are quiet as a mouse as Mrs Carolyn Gomes is their new Executive Director from as early as December 2013 I would have thought that despite the aura of the JFJ being lured or smoothered by a gay lobby that they would have categorically denied such claims but the incestuous nature of these coalitions once again makes identity separation near impossible. Thanks however to an active membership of JFJ they have taught us that transparency, fiduciary responsibility and good governance the very principles which made the JFJ what it is has won in a sense, some LGBTQ groups and individuals in Jamaica could learn a thing or two from all this.

I hope the JFJ does not flinch though from working with LGBT groups and individuals from now on but will be careful in its scrutiny and adaptation of areas they may want to cover. I Hope they can get over this perception as painted and set by the Gleaner when the story broke: Back-Door Deal - Gay Lobby Funds JFJ Sex Education Course, Slipped Into Children's Homes says Gleaner

also see:
More Overreaction to the Jamaicans for Justice Sex Education Course & Media Senationalism

Former JFJ Head Carolyn Gomes Distances Self From Controversial Sex Ed Material

Old Guard vs New Guard War of Words at JFJ on Sex Education Course that bypassed CDA

UPDATE August 4

KINGSTON, Jamaica:
Interim chairman of Jamaicans for Justice, Dr Barry Wade is today insisting that the interim board of the human rights lobby group was constitutionally appointed.

JFJ has been plunged into crisis over its unauthorised implementation of a sex education course in six privately-run children’s homes.

The human rights group has also been facing a leadership meltdown following mass resignations and counterclaims over who is responsible for the introduction of anal and oral sex content as part of the course.

The interim board was appointed last week during an emergency meeting of JFJ’s membership.

However, following the announcement, questions have been raised in some sectors about the constitutionality of the board.

According to the Interim Chairman, the group’s constitution gives remaining board members the authority to co-opt to the JFJ.

He says this is what was done for the interim board.



ENDS

UPDATE Press Release from JFJ on Interim Board 


Tuesday, August 5, 2014, Kingston, Jamaica

The interim Board of JFJ has been publicly challenged to state whether it is legitimately constituted. The following sets out the process by which the current directors of the Board came to their positions

JFJ was incorporated under the Companies Act on 15 October 1999. The Companies Act and more specifically its Articles of Association are the relevant governance instruments. The relevant sections of the Articles of Association that guided the process are Clauses 31, 45, 48 and 49.

Clause 31 provides that the minimum number of directors shall be seven, unless otherwise determined by a general meeting of the company.

Clause 45 provides that the directors may appoint any person to be a director, either to fill a casual vacancy or as an additional director. A director appointed under this provision holds office until the next annual general meeting and he or she shall be eligible for re-election.

The quorum for directors meetings is fixed by the directors but shall, if not fixed by the directors be three. (Clause 48)

During the course of the weeks and days leading up to the Extraordinary General Meeting (EGM) held on July 29, which had been called by the Board at the request of members, the number of directors fell below the minimum number of three. The resignations did not take place en bloc, but rather at different points in time, all prior to the date of the EGM. Clause 49 of the Articles was invoked.

Clause 49 provides: “The continuing directors may act notwithstanding any vacancy in their body, but, if and so long as their number is reduced below the number fixed by or pursuant to the articles of the company the necessary quorum of directors, the continuing directors or director may act for the purpose of increasing the number of directors to that number…

Following lengthy discussions of the developments in JFJ, the two remaining board members asked the members assembled at the EGM to indicate whom of their number were prepared to be co-opted to serve on an interim board. The purpose was to ensure a democratic input into the decisions that only the remaining 2 board members could exercise under Clause 49 of JFJ’s Articles of Association. The members present at the EGM indicated their preferences. The EGM was suspended and the existing Board members deliberated and made the appointments recommended by the members present at the EGM. The eight additional directors appointed brought the number of directors up to ten, above the minimum seven required for the full functioning of the Board.

The Board is an interim one because the provisions of Clause 45 limit the tenure of all of the members appointed by the remaining 2 directors till the next annual general meeting of JFJ.

The Board will focus on the following steps to be taken over the next three months to (a) review the recent developments, (b) steady the organisation, and (c) arrange for the holding of an annual general meeting in view of the provisions of Clause 45 of the Articles of Association.

The current Board is properly constituted under JFJ’s Articles of Association, with the full authority to conduct the business of the organization until the next annual general meeting, which in the normal course of events would be held in March or April next year. However, it was the view of the membership at the EGM and the decision of the current Board that it would be prudent to hold an AGM at the earliest possible date to allow for the election of a new Board of directors.


ENDS

The current board members are:

Dr. Barry Wade (Chairperson)
Christine Dalrymple (Secretary)
Susan Evans (Treasurer)
Horace Levy (also of JCSC)
Rodje Malcolm
Allan Martin
Michael Lumsden
Carla Gullotta (formerly of Amnesty Europe & CVCC)
Clifton McKenzie


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